Allowed

Deepak Vishwakarma v. State of U.P. and 3 Others

Allahabad HC6 Jun 2022BAIL/13278/2022

Case brief

AI extract

What is this about?

Single judge disposed of a bail application in a POCSO/IPC case. Relying on the victim's statement contradicting FIR and radio-logical age report indicating majority, the court granted bail with specific conditions including providing a personal bond and two sureties.

What did the court decide?

Released on bail by furnishing a personal bond and two local sureties of like amount.

Deepak Vishwakarma Vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

¶1

Court No. - 48

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13278 of 2022

¶3

Applicant :- Deepak Vishwakarma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.,Debee Shanker Pandey

¶4

Hon'ble Ali Zamin,J.

¶5

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

¶6

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.23 of 2021, under Sections 376, 366, 363 I.P.C. and 5j/6 POCSO Act, Police Station Pharenda, District Maharajganj.

¶7

Learned counsel for the applicant submits that as per FIR version victim aged about 15 years enticed away by the applicant on 9th January, 2021. He further submits that in statement under Sections 161 & 164 Cr.P.C. victim has not supported the FIR version and she has stated that she is already married with the applicant and one child has been born from their wedlock and she is also willing to remain live with the applicant and as per radio-logical report dated 09.11.2021 age of victim has been ascertained 18-19 thus she was major at the time of incident. 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 01.11.2021.

¶8

Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

¶9

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 victim under Sections 161 & 164 Cr.P.C., radio-logical age of the victim, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Deepak Vishwakarma 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, subject to the following conditions :-

¶10

(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.

¶11

(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.

¶12

(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.

¶13

(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.

¶14

Order Date :- 6.6.2022 Israr

¶15

Digitally signed by ISRAR AHMAD Date: 2022.06.08 10:43:39 IST Reason: Location: High Court of Judicature at Allahabad

Deepak Vishwakarma v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Deepak Vishwakarma 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

Parties & counsel

Coram

Case details

Similar cases

Vijay @ Love Yadav Vs State of U.P. and 3 Others

Unis Khan Vs State of U.P. and Another

Dr. Mohammad Ajmal Vs State of U.P.

Suraj Vs State of U.P. and 4 Others

Rizwan Kuraishi @ Monu Vs State of U.P. and 3 Others

Dr. Bhagawat Prasad Vs State of U.P.