Allowed

Vijay @ Bhura @ Bhuri v. State of U.P.and 3 Others

Allahabad HC22 Nov 2022BAIL/28273/2022

Case brief

AI extract

What is this about?

Held, bail granted to applicant facing charges under IPC and POCSO Act. Court noted victim turned hostile and denied evidence. Released on bond with conditions regarding court attendance and prohibition of adjournments.

What did the court decide?

Bail granted on furnishing personal bond and two reliable sureties. Conditions include attendance on all trial dates, no adjournments, and consequences for absence or misuse of bail.

Vijay @ Bhura @ Bhuri Vs State of U.P.and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28273 of 2022

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Applicant :- Vijay @ Bhura @ Bhuri Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Suneel Kumar Mishra,Amit Kumar Mishra Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma

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Hon'ble Rajiv Gupta,J.

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List revised.

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None is present on behalf of O.P. No..2/first informant even in the revised call.

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Heard learned counsel for applicant, the learned AGA for the State and perused the record.

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Applicant- Vijay @ Bhura @ Bhuri seeks bail in Case Crime No. 89 of 2022, under section 363, 366, 376 IPC and section 3/4 of POCSO Act and section 3(2)5 of SC/ST Act., P.S. Pahasu, District-Bulandshahar.

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Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.

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Learned counsel for the applicant has next submitted that during course of trial the statement of the victim has been recorded, however, she has not supported the prosecution story at all and as such has been declared hostile. During cross examination, on her attention being drawn to her statement shown to be recorded under section 161 Cr.P.C. she has categorically stated that she has not given any such statement to the police. On her attention being drawn to her statement shown to be recorded under section 164 Cr.P.C. she has categorically stated that the said statement was not given by her out of her own free will and consent and has given at the behest of the police. In her cross examination she has further denied the fact that the applicant either enticed her or committed any indecent act with her. She has also denied to have been medically examined. There is no allegation that the said offence allegedly was committed on account of the fact that the victim was a member of scheduled caste or scheduled tribes.

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Learned counsel for the applicant has further submitted that the applicant is in jail since 21.5.2022 and has no criminal history to his credit. There is no chance of applicant fleeing away from the judicial process or tampering the evidence as such prima facie a case for bail is made out.

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Per contra, learned AGA has opposed the prayer for bail,

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but could not dispute the aforesaid facts.

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Having considered the rival submissions made by learned counsel for both the parties and on perusal of record, it is evident that during course of trial the statement of the victim has been recorded, however, she has not supported the prosecution story at all and as such has been declared hostile. During cross examination, on her attention being drawn to her statement shown to be recorded under section 161 Cr.P.C. she has categorically stated that she has not given any such statement to the police. On her attention being drawn to her statement shown to be recorded under section 164 Cr.P.C. she has categorically stated that the said statement was not given by her, out of her own free will and consent and has given at the behest of the police. In her cross examination she has further denied the fact that the applicant either enticed her or committed any indecent act with her. She has also denied to have been medically examined. There is also no allegation that the said offence allegedly was committed on account of fact that the victim was a member of scheduled caste or scheduled tribes. The applicant is in jail since 21.5.2022 and has no criminal history to his credit. There is no chance of applicant fleeing away from the judicial process or tampering the evidence. In the backdrop of the said facts and circumstances prima facie a case for bail is made out.

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Let applicant- Vijay @ Bhura @ Bhuri be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the 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 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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(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 sufÏcient cause, the trial court may proceed against him under Section 229A IPC.

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(3). 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 IPC.

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(4). The applicant shall remain present, in person, before

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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 sufÏcient 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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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. The bail application is accordingly allowed.

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Order Date :- 22.11.2022

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Digitally signed by RAM ASARE MORYA Date: 2022.11.24 11:15:10 IST Reason: Location: High Court of Judicature at Allahabad

Vijay @ Bhura @ Bhuri v. State of U.P.and 3 Others

Case brief

What is this about?

What did the court decide?

Vijay @ Bhura @ Bhuri 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

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