Allowed

Bindresh v. State of U.P. and Another

Allahabad HC29 Sept 2022BAIL/1852/2022

Case brief

AI extract

What is this about?

Single judge granted bail to applicant Bindresh under Sections 323, 316, 354 IPC and POCSO Act via personal bond and sureties. Extensive conditions imposed regarding court attendance and consequences of absence or misuse.

What did the court decide?

Released on bail on personal bond and two sureties subject to conditions for attendance at court and consequences for absence or misuse.

Bindresh Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2022)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1852 of 2022

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Applicant :- Bindresh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Yadav 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. 181 of 2021 , under Sections 323, 316, 354, 504, 506 IPC and 7/8 POCSO Act, Police Station- Raunapur , District - Azamgarh.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that due to panchayat election as well as party bandi, the applicant has been implicated in order to harass him; the statements of the complainant as well as the victim do not support the prosecution version; no injury has been sustained by the victim; the injuries sustained by the complainant were simple and no internal injury was found; the applicant has no criminal history. It is also submitted that there is no apprehension that after being released on bail, applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 15.10.2021 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 Bindresh be released on bail in the aforesaid Case Crime Number on his/her furnishing personal bond and two reliable sureties each of the like amount to the

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satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall file an undertaking to the effect that 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/her counsel. In case of his absence, without sufficient cause, the trial court may proceed against 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 presence of the applicant, proclamation under Section 82 Cr.P.C. is issued and the applicant fail 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 :- 29.9.2022 Rahul Dwivedi/-

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(Piyush Agrawal, J.)

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Digitally signed by RAHUL DWIVEDI Date: 2022.09.29 14:41:32 IST Reason: Location: High Court of Judicature at Allahabad

Bindresh v. State of U.P. and Another

Case brief

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Bindresh v. State of U.P. and Another

Case brief

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