Bail application under various IPC, POCSO, and IT Act sections. Court permitted bail on plea of trial delay and lack of prima facie case but imposed strict conditions to ensure attendance and prevent abuse of process.
Released on bail with personal bond and sureties, subject to conditions for attendance at trial.
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. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2342 of 2022
Applicant :- Rohit Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Hemendra Pratap Singh,Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant Rohit in Case Crime No. 1046 of 2021, under Sections 323, 342, 377, 504, 506 I.P.C. and Section 5/6 POCSO Act and Section 67A of I.T. Act, Police Station Muradnagar, District - Ghaziabad, with the prayer to enlarge him on bail.
Contention is that the medical report does not corroborate the allegation of unnatural offence in terms of Section 377 IPC and even the first information report has been lodged after 25 days and the delay is not explained. Argument is that the victim as also the accused are known to each other and had consumed liquor, whereafter on account of certain differences arose and the allegation has been made, which is not substantiated. It is also urged that the applicant is a student and has no criminal history and has remained in Jail for more than three and a half months. It is also argued that on account of covid-19 pandemic, there is no possibility of early conclusion of trial.
Learned AGA has opposed the prayer made in the bail application.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and perusing the material brought on record and that the trial is also likely to take sufficiently long, without expressing any opinion on merits of the case, prima facie it is a fit case for grant of bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant- Rohit involved in aforesaid case crime 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, with the following conditions, which are being imposed in the interest of justice:-
(i) 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.
(ii) 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 229A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial 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 shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(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 him in accordance with law.
Order Date :- 4.2.2022 Ranjeet Sahu
2 issues framed by the court
Whether the applicant is a fit person to be released on bail given the nature of allegations and prima facie case.
Whether the prima facie view that the trial may be lengthy justifies a bail order without commenting on merits.
10 provisions across 4 enactments
Rohit
State Of U.P.
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
