Allowed

Sher Singh v. State of U.P. and 3 Others

Allahabad HC15 Dec 2022BAIL/35928/2022

Case brief

AI extract

What is this about?

This court granted bail to the applicant accused of attempted rape under IPC and POCSO Act. The applicant was released on furnishing a personal bond and two sureties subject to strict conditions regarding attendance and avoiding adjournments.

What did the court decide?

Release of applicant on personal bond and two sureties subject to conditions regarding attendance and conduct during trial.

Sher Singh Vs State of U.P. and 3 Others — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35928 of 2022 Applicant :- Sher Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vidya Shanker Pandey,Rajesh Kumar Vishwakarma

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Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard Mr Rajesh Kumar Vishwakarma, learned counsel for the applicant, learned AGA for the State and perused the material on record.

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The applicant seeks bail in Case Crime No. 234 of 2022, under Sections 376, 511, 452 IPC and Section 3/18 of POCSO Act, 2012, P.S. Bahjoi, District Sambhal.

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As per prosecution story, applicant is said to have attempted to commit rape upon the minor daughter of the informant on 11.5.2022.

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It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is submitted that prosecutrix is 17 years of age as per school certificate and applicant is uncle of the prosecutrix and as per statement of the victim applicant is said to have tried to commit rape forcefully but in the medical examination report there is no mark of any external or internal injuries on the person of the victim. It is further submitted on account of some family dispute between the informant and applicant, the applicant has been implicated in the present false case. The applicant is in jail since 27.05.2022 and has no criminal history. Charge-sheet has been filed and conclusion of trial will take time, hence it is prayed that the applicant be released on bail.

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Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made herein-above, will not affect the trial of the case.

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Let the applicant- Sher Singh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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

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fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.

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(iii) 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., may be issued and if 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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(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 him in accordance with law.

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(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

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

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 15.12.2022/RavindraKSingh

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Digitally signed by RAVINDRA KUMAR SINGH Date: 2022.12.15 17:32:12 IST Reason: Location: High Court of Judicature at Allahabad

Sher Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Sher Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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