Allowed

Suraj v. State of U.P. and 4 Others

Allahabad HC6 Jun 2022BAIL/11935/2022

Case brief

AI extract

What is this about?

The applicant, accused under Sections 363, 366, 504, 376 IPC, was granted bail with conditions. The court noted the victim, ascertained to be major (19 years) via C.M.O. certificate, had married the applicant and expressed willingness to live with him. Bail was granted upon personal bond, two local sureties, and an undertaking to keep the victim before the trial court within two months. Conditions included adherence to court dates, no tampering with witnesses, and presence for evidence recording or charge framing.

What did the court decide?

Released on bail with personal bond, two local sureties, and undertaking to keep victim before court within two months. Conditions to attend court dates and not tamper with witnesses. Failure may lead

Suraj Vs State of U.P. and 4 Others — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 48

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11935 of 2022

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Applicant :- Suraj Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Krishna Kumar Singh,Varun Kumar Srivastava Counsel for Opposite Party :- G.A.,Shailesh Singh Yadav

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.346 of 2018, under Sections 363, 366, 504, 376 I.P.C., Police Station Bidhanu, District Kanpur Nagar.

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Learned counsel for the applicant submits that as per FIR version victim whose date of birth 10.12.2005 was enticed away by the applicant. He further submits that she refused to conduct her medical examination. He submits that in statement under Sections 161 & 164 Cr.P.C. she has stated that she has married the applicant and she want to live with him. As per certificate issued by the C.M.O. her age has been ascertained 19 years thus she was major at the time of incident and applicant has not committed any offence, he has been falsely implicated in the case. He further submits that applicant is also willing to keep the victim with him. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 12.05.2021.

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Per contra, learned A.G.A. as well as learned counsel for the informant has opposed the bail prayer of the applicant and submits that if applicant is ready to keep the victim with him then he has no objection.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, statement of the victim under Sections 161 & 164 Cr.P.C. as well as her radio-logical age and willingness of the applicant to keep the victim with him, without expressing any opinion on merit of the case, the

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applicant is entitled for bail, let the applicant- Suraj involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned and also on his filing an undertaking on affidavit applicant is entitled for bail one of the conditions after release within a period of two months he will keep her before the court below, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.

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(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 him under Section 229-A of the Indian Penal Code.

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(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. 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.

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(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 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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Order Date :- 6.6.2022 Israr

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Digitally signed by ISRAR AHMAD Date: 2022.06.08 10:44:09 IST Reason: Location: High Court of Judicature at Allahabad

Suraj v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Suraj v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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