.APPLICATION for bail in FIR under Sections 363, 366, 376 IPC and POCSO. Court granted bail after noting lack of age determination and evidence of marriage, imposing specific conditions for the father's benefit.
Released on bail in the above case on furnishing personal bond and two sureties with specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2293 of 2022
Applicant :- Munesh
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Applicant :- Shailesh Kumar Singh Counsel for Opposite Party :- G.A.,Rahul Agnihotri
Hon'ble Dinesh Kumar Singh,J.
parents; and the prosecutrix said that she has married with the accused-applicant and there is some proof of marriage on record, it would be appropriate to enlarge the accused-applicant on bail.
(i) Father of the accused-applicant shall deposit Rs.75,000/(Rupees Seventy Five Thousand) in the account of the prosecutrix to show that the accused-applicant is in love with the prosecutrix and he will take care of her after release from jail. The accused-applicant shall submit the deposition receipt of Rs.75,000/- in favour of the prosecutrix along with the bail bonds. The accused-applicant shall treat the prosecutrix as his wife for all times to come and will give all rights as his wife and he will not torture and harass her in any manner.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the
court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 24.5.2022 Rao/-
Digitally signed by CHEBROLU SRINIVASA RAO Date: 2022.05.24 17:41:32 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the accused-applicant is entitled to bail in a POCSO case involving a child.
What conditions should be imposed on the accused to secure the welfare of the prosecutrix.
9 provisions across 3 enactments
Munesh
State Of U.P. Thru. Prin. Secy. Home And 3 Others
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
