Allowed
Savindra @ Kartik v. State of U.P. and 3 Others
Allahabad HCBAIL/10772/2022
Case brief
from the order text
What is this about?
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
What the court decided
AI extract
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
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. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10772 of 2022
Applicant :- Savindra @ Kartik Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Learned AGA informs that the first informant has notice about the bail application. However, no one has appeared to oppose the bail from the side of the first informant.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
This is an application for bail moved on behalf of the applicant, Savindra @ Kartik, who is involved in Case Crime No. 478 of 2021, under Sections 363, 376 I.P.C. and 3/4 POCSO Act, Police Station- Deoband, District- Saharanpur.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. The applicant is not named in the first information report and it has been stated on the basis of the statement given by the prosecutrix that she had gone with the applicant on her own free will. The statement recorded under Section 161 Cr.P.C. was supported by the statement recorded under Section 164 Cr.P.C. Further learned counsel for the applicant has stated that the prosecutrix had refused for the medical examination. It has been argued that as in the FIR the informant had stated that the victim was of 17 years it could easily be said that she was of 18 years as a variation of two years was permitted. It has been further submitted that the charge sheet has been submitted and no further investigation is required. The applicant is in jail since 9.9.2021. Therefore, if the applicant is released on bail, there is
no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
On the other hand, learned A.G.A. opposed the prayer for bail but could not deny the fact that the applicant has no criminal history and that the charge sheet had been submitted.
In view of the above, without expressing any opinion on the merits of the rival claims, the applicant has made out a case for bail.
The bail application is, accordingly, allowed.
Let the applicant, Savindra @ Kartik, be released on bail in the aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the following conditions:-
(i) 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 the 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.
(ii) 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 his under Section 229A of the Indian Panel Code.
(iii) 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. be issued and if
the applicant fails to appear before the court on the date fixed on such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case (ii) framing of charges 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 an abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 27.5.2022 PK
(Siddhartha Varma,J.)
Digitally signed by PRAVEEN KUMAR Date: 2022.05.31 16:37:58 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail in a maintenance and custody petition.
Whether the applicant is entitled to bail in a incest case.
Whether the applicant is entitled to bail in a rape case.
Savindra @ Kartik
State Of U.P.
Siddhartha Varma
Praveen Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court