Allowed

Mohd. Kasir v. State of U.P.

Allahabad HC20 Sept 2022BAIL/13708/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application No. 13708 of 2022. The applicant, Mohd. Kasir, sought bail in a case involving offences under IPC and POCSO Act. The court, without opining on merits, found it a fit case for bail and ordered release on personal bond with two sureties subject to strict conditions of appearance.

What did the court decide?

Applicant released on bail on furnishing personal bond and two reliable sureties each of like amount.

Mohd. Kasir Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13708 of 2022

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Applicant :- Mohd. Kasir Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Pandey,Kamlesh Kumar Kanojiya,Pankaj Kumar Yadav,Rajesh Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Piyush Agrawal,J.

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Rejoinder affidavit filed today is taken on record.

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Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

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The present bail application has been filed by the applicant seeking bail in Case Crime No. 31/2022, under Sections 354(B), 504, 506, IPC and section 9(m) 10 POCSO Act, Police Station- Kotwali Padrauna, District - Kushinagar.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submits that the story set up by the prosecution is flimsy in nature and no reasonable or prudent man will ever believe the same to be true and even the essential ingredients of the offence in question are missing and lacking. He further submits that the applicant has no previous criminal history. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 25.07.2022 and the possibility of conclusion of trial in near future is very bleak.

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Learned A.G.A. has, however, opposed the prayer for grant of bail.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let applicant, namely, Mo. Kasir, be released on bail in the aforesaid Case Crime Number on furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall file an undertaking to the effect that the

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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 counsel. In case of absence, without sufficient cause, the trial court may proceed against the applicant under Section 229-A of the Indian Penal Code.

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(iii) In case the applicant misuse the liberty of bail during trial and in order to secure the applicant's 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 the applicant, 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 the applicant in accordance with law.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 20.9.2022 Amit Mishra

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(Piyush Agrawal,J.)

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Digitally signed by AMIT KUMAR MISHRA Date: 2022.09.20 13:28:19 IST Reason: Location: High Court of Judicature at Allahabad

Mohd. Kasir v. State of U.P.

Case brief

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Mohd. Kasir v. State of U.P.

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