Allowed

Shiv Shankar Tiwari v. State of U.P. and 3 Others

Allahabad HC1 Nov 2022BAIL/34126/2022

Case brief

AI extract

What is this about?

Bail application allowed for an applicant accused of offences under IPC Sec. 354 and POCSO. Court noted victim statement discrepancies and FIR delay but granted bail due to lack of criminal history on personal bond and sureties.

What did the court decide?

Applicant released on bail subject to personal bond, two sureties, and specific conditions including not tampering with evidence or influencing witnesses.

Shiv Shankar Tiwari Vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34126 of 2022

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Applicant :- Shiv Shankar Tiwari Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Santosh Kumar Pandey,Rajendra Kumar Dubey Counsel for Opposite Party :- G.A.,Seema Pandey

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Santosh Kumar Pandey, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned A.G.A. for the State, Ms. Seema Pandey, learned counsel appearing for High Court Legal Services Committee and perused the record.

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2.By means of an order dated 23.8.2022, notices were ordered to be issued to the informant as well as Child Welfare Committee. The office has reported that the notices have been served but nobody has put in appearance on their behalf to oppose the prayer for grant of bail.

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3.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No.92 of 2022, under Section 354 I.P.C. and 9/10 POCSO Act, P.S. Bakewar, District Fatehpur.

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4.The aforesaid case has been registered on the basis of an F.I.R. lodged on 2.5.2022 against unknown persons alleging that on 26.4.2022 the driver of a van who used to drop a school teacher to the school took away the informant's daughter aged about 9 years to jungle but he was seen by another student of school who told the incident to a school teacher and when the teacher reached on the spot the van driver ran away. It is alleged in the FIR that the minor girl told the teacher that the driver had misbehaved with her and done obscene activities. In the statement of the alleged victim recorded under Section 161 Cr.P.C. she stated that the driver held her hand and started dragging her towards the jungle but her friend saw it and called a teacher, whereupon the driver released her. In her statement recorded under Section 164 Cr.P.C. also a similar statement was given by the victim.

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5.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 9.5.2022.

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6.I have considered the aforesaid facts and circumstances. What prima facie appears from perusal of the record that the incident is alleged to have taken place on 26.4.2022 and the FIR has been lodged on 2.5.2022 and there is no explanation for the delay in lodging of FIR and that there are some discrepancies in the statement of the victim recorded under Section 161 Cr.P.C. and that recorded under Section 164 Cr.P.C..

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7.Keeping in view the fact that the applicant has no criminal history, I am of the view that the applicant is entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed .

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8.Let the applicant - Shiv Shankar Tiwari be released on bail in Case Crime No.92 of 2022, under Section 354 I.P.C. and 9/10 POCSO Act, P.S. Bakewar, District Fatehpur on his furnishing a 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 will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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9.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.

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Order Date :- 1.11.2022 Deepika

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Digitally signed by DEEPIKA SINGH Date: 2022.11.03 17:44:29 IST Reason: Location: High Court of Judicature at Allahabad

Shiv Shankar Tiwari v. State of U.P. and 3 Others

Case brief

What is this about?

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Shiv Shankar Tiwari v. State of U.P. and 3 Others

Case brief

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What did the court decide?

What the court decided

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