Allowed

Brijesh Kumar v. State of U.P. and 3 Others

Allahabad HC16 Aug 2022BAIL/35018/2022

Case brief

AI extract

What is this about?

This bail application was allowed. The High Court held that the applicant had made out a prima facie case, noting innocence, lack of assigned role, and absence of criminal history, and released him on personal and surety bonds.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two sureties each in the like amount, subject to specific conditions.

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

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35018 of 2022

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Applicant :- Brijesh Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anurag Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.96 of 2022, under Sections 363, 366, 376 I.P.C. & Section 3/4 POCSO Act, P.S. Rauja, District Shahjahanpur, during pendency of trial.

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It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case; as per F.I.R. victim is major; she left her parental home of her own free will and solemnized marriage with the applicant; statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. are not supporting the version of F.I.R.; no specific role regarding alleged incident has been assigned to the applicant; the applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 28.04.2022. and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, statement recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Brijesh Kumar, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the

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satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 16.8.2022 Meenu

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Digitally signed by MEENU SINGH Date: 2022.08.16 16:35:39 IST Reason: Location: High Court of Judicature at Allahabad

Brijesh Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Brijesh Kumar 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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