Allowed

Pradeep v. State of U.P. and Another

Allahabad HC27 May 2022BAIL/22118/2021

Case brief

AI extract

What is this about?

In a criminal bail application under Sections 376-D IPC and POCSO, the Allahabad High Court granted bail to the applicant, a minor aged 16, who was falsely implicated while others committed rape, recording that a prima facie case for bail was made out.

What did the court decide?

Bail granted on furnishing a personal bond and two local sureties subject to conditions regarding attendance and undertaking against adjournments.

Pradeep Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 85

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22118 of 2021

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Applicant :- Pradeep Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ayub Khan,Km Preete Counsel for Opposite Party :- G.A.,Vinod Singh

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Hon'ble Ajit Singh,J.

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List has been revised.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.

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The present bail application has been filed by the applicant in Case Crime No.71 of 2021, under Section 376-D and 506 I.P.C., 5/6 POCSO (Protection of Children From Sexual Offence Act, 2012), 67 of I.T. Act, P.S. Kakod, District Bulandshahr with the prayer to enlarge the applicant on bail.

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The report of this incident was lodged by the complainant about the incident of rape committed against his daughter by the accused Sajid and Gaurav.

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Learned counsel for the applicant submitted that the applicant is quite innocent and has been falsely implicated in the present case. There is no allegation of rape against the present applicant. The victim has not said about the rape committed by the applicant in her statement recorded under Sections 161 and 164 Cr.P.C. The only allegation against the applicant is that when other accused committed rape against the alleged victim then the the present applicant reached there and saw the video of the alleged victim. He further submitted that the applicant is also minor and aged about 16 years. His date of birth is 04.07.2004.

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Lastly, it is argued that the applicant is in jail since 18.03.2021 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail but could not dispute the role assigned to the present applicant. The role assigned to the applicant is only watching video of the alleged victim.

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Keeping in view the submission of learned counsel for the parties, considering the period of detention of the applicant and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. The prayer for bail is granted. The application is allowed.

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Let applicant Pradeep involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-

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(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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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(2). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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(3). In case, the applicant misuses the liberty of bail and in order to secure his 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 may initiate proceedings against him, in accordance with

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law, under Section 174-A of the Indian Penal Code. (4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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Order Date :- 27.5.2022 Asha

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Digitally signed by ASHA Date: 2022.06.29 13:21:16 IST Reason: Location: High Court of Judicature at Allahabad

Pradeep v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Pradeep v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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