Allowed

Hariram Soni v. State of U.P. and 3 Others

Allahabad HC22 Sept 2022BAIL/27967/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 27967 of 2022, the Allahabad High Court granted bail to Hariram Soni. The court found it a fit case for release pending trial subject to personal bond, sureties, and specific conditions regarding attendance and conduct.

What did the court decide?

Bail granted on personal bond and two sureties with conditions regarding attendance and misconduct.

Hariram Soni 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. - 27967 of 2022

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Applicant :- Hariram Soni Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A,Ashutosh Singh,Saumya Srivastava

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Hon'ble Piyush Agrawal,J.

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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.41 of 2022, under Sections 212 IPC and 16/17 of POCSO Act, Police Station-Pali, District -Lalitpur.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submits that neither applicant is named in the FIR nor any role has been assigned to the applicant. On the direction of Police Station; namley Pali, the applicant had given his car for the purpose of making raid. He further submits that applicant is neither named in the FIR nor statement of the victim under Section 161 Cr.P.C. nor statement of the victim under Section 164 CR.P.C.. He further submits that the applicant has not had any role or any motive to commit the crime. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 18.05.2022 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 keeping in mind that co-accused have already been released on bail by this Court 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, Hariram Soni , be released on bail in the aforesaid Case Crime Number on furnishing personal bond and two 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 the applicant 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 counsel. In case of absence, without sufficient cause, the trial court may proceed against the applicant 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 the applicant's 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 the applicant, 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 the applicant 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 JSP

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(Piyush Agrawal,J.)

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Digitally signed by JAY SINGH PATEL Date: 2022.09.23 14:25:46 IST Reason: Location: High Court of Judicature at Allahabad

Hariram Soni v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Hariram Soni 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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