Allowed

Vijay Shankar v. State of U.P. and 3 Others

Allahabad HC9 May 2022BAIL/14593/2022

Case brief

AI extract

What is this about?

Single judge allowed bail to the applicant, Vijay Shankar, charged under IPC and PCPOCSO sections, noting he is innocent, a co-accused was on bail, and there are no grounds for absconding or tampering with evidence.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each, subject to conditions not to tamper with evidence or influence witnesses.

Vijay Shankar Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14593 of 2022

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Applicant :- Vijay Shankar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Kumar Rai,J.

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Heard Sri Sanjay Srivastava, learned counsel for the applicant, learned A.G.A. and perused the record.

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The instant bail application has been filed on behalf of the applicant, namely, Vijay Shankar with a prayer to release him on bail in Case Crime No.148 of 2021, under Sections 354Kha, 294, 323, 504, 506 I.P.C. and 9/10 The Protection of Children from Sexual Offences Act 2012, Police Station- Chaubepur, District- Kanpur Nagar during pendency of trial.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submitted that the incident has taken place on 25th July, 2020 and first information report has been registered on 29th July, 2021 after one year of the incident. He next submitted that the coaccused, namely, Shravan Kumar has been released on bail vide order dated 29.3.2022 in Criminal Misc. Bail Application No.52969 of 2021,whose role is similar and identical to the applicant. He also submitted that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 10.11.2021.

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Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact .

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.

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Let the applicant- Vijay Shankar involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

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The applicant will not tamper with the evidence during the trial.

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The applicant will not influence any witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 9.5.2022 Rameez

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Digitally signed by RAMEEZ AHMED Date: 2022.05.09 17:47:49 IST Reason: Location: High Court of Judicature at Allahabad

Vijay Shankar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Vijay Shankar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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