Allowed

Sandesh Prajapati v. State of U.P. and 3 Others

Allahabad HC26 Jul 2022BAIL/20551/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a criminal case involving offences against a child and SC/ST provisions. The court found merit in the counsel's submission that the applicant was falsely implicated based on a matrimonial dispute and ordered release on personal bond with two sureties.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties; conditions to not tamper with evidence or influence witnesses imposed.

Sandesh Prajapati Vs State of U.P. and 3… — Pension and Retirement Benefits | Allahabad HC (2022)

¶1

Court No. - 70

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20551 of 2022

¶3

Applicant :- Sandesh Prajapati Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pradeep Kumar,Piyush Patel Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ajay Bhanot,J.

¶5

By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.98 of 2021 at Police Station Chowk District Maharajganj under Section 376 IPC and 3/4 Protection of Children from Sexual Offences Act, 2012 and 3(2) 5 SC/ST Act. The applicant is in jail since 01.04.2022.

¶6

The bail application of the applicant was rejected by learned Special Judge POCSO Act, Maharajganj on 22.04.2022.

¶7

Shri Pradeep Kumar, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case The victim has been depicted as a minor in the prosecution case only to implicate the applicant under the stringent provisions of the POCSO Act to cause his imprisonment. The victim is in fact a major. Medical report drawn up to determine the age of the victim opines that she is about 19 years of age. The criminal proceedings arise out of matrimonial dispute. The victim in her statement under Section 164 Cr.P.C had admitted that she got married to the applicant. However after the marriage the applicant had left for

¶8

another place in search of livelihood. He could not take the victim with him due to lack of funds and accommodation. Subsequently upon returning from his place of work he took the victim to his parent's home. There was some adjustment issues of the victim with the parents of the applicant on account of which she left her marital house. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case.

¶9

Learned A.G.A for the State could not satisfactorily dispute the aforesaid submissions.

¶10

I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

¶11

In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

¶12

Let the applicant-Sandesh Prajapati be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

¶13

(i) The applicant will not tamper with the evidence during the trial.

¶14

(ii) The applicant will not influence any witness.

¶15

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

¶16

(iv) The applicant shall not directly or indirectly make 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.

¶17

In case any averment in the bail application or submission made during the argument is false or in case of breach of any of the above condition the State may move an application for cancellation of bail application.

¶18

Order Date :- 26.7.2022 Nadeem

¶19

Digitally signed by NADEEM AHMAD Date: 2022.07.27 10:17:12 IST Reason: Location: High Court of Judicature at Allahabad

Sandesh Prajapati v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Sandesh Prajapati 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vikas Rajbhar Vs State of U.P. and Another

Prem Kumar Gupta Vs State of U.P.

Mansingh Vs State of U.P. and 3 Others

Pankaj Maurya Vs State of U.P. and 3 Others

Mohit Vs State of U.P. and 3 Others

Ankur Vs State of U.P. and 3 Others