Allowed

Vikky v. State of U.P. and 3 Others

Allahabad HC22 Sept 2022BAIL/24551/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant charged with offences under 354A IPC, 506 IPC, and POCSO. The court held it was a fit case for bail despite the serious nature of allegations, imposing strict conditions regarding court attendance and procedural violations.

What did the court decide?

Grants bail to the applicant on personal bond and two sureties, conditioned upon adhering to strict trial court attendance and procedural rules.

Vikky Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24551 of 2022

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Applicant :- Vikky Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Piyush Agrawal,J.

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In view of the office report dated 22.8.2022 notice upon opposite party no.2 is deemed to be sufficient. Counter affidavit filed today is taken on record. Learned counsel for the applicant states that the applicant does not propose to file rejoinder affidavit.

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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. 131 of 2022, under Sections 354A, 506 IPC, and Section 7/8 of the POCSO Act Police Station- Nagina Dehat, District - Bijnor.

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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 in the statement the first informant has not disclosed eye witness. He further submitted that in the medical examination of the victim no injury was recorded by the doctor. He further submitted that the applicant has never outraged modesty of the victim. He further submitted that the applicant has no criminal history.It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 14.5.2022 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, but he has not disputed the above contention made by the learned counsel for the accused-applicant.

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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 Vikky be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two

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reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(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.

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(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 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 his presence, 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 him, 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 him 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 :- 22.9.2022 samz

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(Piyush Agrawal, J.)

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Digitally signed by SYED AKHTARMOHAMMAD MEQDAD Date: 2022.09.23 10:38:31 IST Reason: Location: High Court of Judicature at Allahabad

Vikky v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Vikky v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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