High Court granted bail to the applicant in a POCSO case, finding grounds of false implication and parity with a co-accused on bail sufficient. Several conditions were imposed regarding court attendance and non-interference with the trial process.
Applicant released on bail on furnishing personal bond and two local sureties.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28294 of 2022
Applicant :- Smt. Babita Sharma Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Yatish Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant- Smt. Babita Sharma with a prayer to enlarge her on bail in Case Crime No. 206 of 2021, under Sections 368, 120-B I.P.C. and Section 16/17 POCSO Act, Police Station- Raksa, DistrictJhansi, during the pendency of the trial.
It has been argued by the learned counsel for the applicants that the applicant has been falsely implicated in the present case for the purpose of harassment. He further submits that the applicant is not named in the first information report. The statements of the victim recorded under Sections 161 and 164 Cr.P.C. are contrary and not supported with each other. It is further submitted that the applicant has no concerned with the present case and the prosecution has set up a false and concocted story against the applicant whereas the applicant has not committed any offence as alleged. It is also submitted that co-accused Vaishali Sharma @ Pooja Sharma has already been enlarged on bail by a coordinate Bench of this Court vide order dated 28.09.2022 passed in Criminal Misc. Bail Application No. 28891 of 2022 and the applicant is also entitled to be enlarged on bail on the ground of parity. It is further submitted that the applicant has no criminal history. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 05.03.2022.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the nature of the offence, provision for initiation of cases and release of the accused, material/evidence brought on record, complicity of the accused, severity of punishment as
well as the submissions made by the learned counsel for the parties, let the applicant involved in aforesaid case crime be released on bail on her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall file an undertaking to the effect that she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 her in accordance with law.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 12.12.2022 SK Srivastava
Digitally signed by SAILESH KUMAR SRIVASTAVA Date: 2022.12.13 11:47:27 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be enlarged on bail granted on grounds of false implication and parity with a co-accused.
Whether bail should be granted subject to conditions preventing abuse of liberty and ensuring court presence.
7 provisions across 3 enactments
Smt. Babita Sharma
State Of U.P.
Shiv Shanker Prasad
Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
