Allowed

Nutan v. State of U.P.and 3 Others

Allahabad HC14 Jul 2022BAIL/10222/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant, Nutan, in a criminal case involving offences under the SC/ST Act and POCSO. The court imposed stringent conditions including personal bonds, sureties, and restrictions on tampering with evidence or seeking adjournments, emphasizing Article 21.

What did the court decide?

Release on bail with personal bond and two sureties subject to conditions regarding appearance, no tampering with evidence, and prohibition of seeking adjournments.

Nutan Vs State of U.P.and 3 Others — Dowry and Cruelty | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10222 of 2022

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Applicant :- Nutan Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Amit Rai,Garun Pal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Learned AGA has made a statement that notice on informant has been served, but no one has put in appearance on his/her behalf.

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Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Nutan, with a prayer to release him on bail in Case Crime No. 674 of 2021, under Sections 328, 342, 323, 354-Gha, 120-B IPC, Section 3(2)/5 of SC/ST Act & 7/8 POCSO Act, Police Station Deoband, District- Saharanpur, during pendency of trial.

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There is allegation of wrongful confinement of a girl and giving her intoxicating substance against the applicant and co-accused, Amit, in the FIR.

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Learned counsel for the applicant has submitted that the victim had affair with the applicant and he came to her house and they were seen by co-villager. Thereafter the applicant was falsely implicated in this case. Simple injuries caused on the person of the victim have been caused on account of her beating by the parents. The applicant had no prior criminal history to his credit and he is languishing in jail since 19.11.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(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

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shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.

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(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.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 14.7.2022 Ruchi Agrahari

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Digitally signed by RUCHI AGRAHARI Date: 2022.07.14 16:02:55 IST Reason: Location: High Court of Judicature at Allahabad

Nutan v. State of U.P.and 3 Others

Case brief

What is this about?

What did the court decide?

Nutan v. State of U.P.and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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