Court allowed bail in a POCSO case where the applicant alleged false implication and tutoring of victim. Bail granted subject to personal bond, sureties, and undertaking not to interfere with evidence or seek unnecessary adjournments.
Bail allowed on furnishing personal bond and two verified sureties each in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20475 of 2022
Applicant :- Pankaj Saxena Opposite Party :- State of U.P. Counsel for Applicant :- Sudhakar Shukla Counsel for Opposite Party :- G.A.,Prabhat Kumar Tiwari
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
There is allegation against the applicant that he has tried to disrobe the child victim and has also tried to outrage her modesty.
Learned counsel for the applicant submits that applicant is the landlord of the house. Victim along with her parents are residing in the tenanted house. Only because applicant wanted his house to be vacated first information report was lodged falsely implicated the applicant. The statement of the victim under Section 164 Cr.P.C was tutored. He is in jail since 16.04.2022 and has no criminal history to his credit.
Learned AGA has also opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Pankaj Saxena, involved in Case Crime No. 217 of 2022, under Sections 354, 354-B, 342 IPC and 9m/10 POCSO Act, Police Station Jagdishpura, District- Agra be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) The applicant shall file an undertaking to the effect that he 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuse the liberty of bail during trial and in order
to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.
(v) 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.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 22.7.2022 SS
Digitally signed by SURENDAR SINGH NARANG Date: 2022.07.22 17:49:05 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a POCSO case involving attempts to disrobe a child.
Whether the alleged false implication and absence of criminal history warrant granting bail.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶9
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021
4 provisions across 3 enactments
Pankaj Saxena
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
