Allowed

Neelesh Vishwakarma v. State of U.P. and 3 Others

Allahabad HC3 Dec 2022BAIL/41488/2022

Case brief

AI extract

What is this about?

The Court allowed bail to the applicant in a criminal prosecution case involving offences under IPC and POCSO. The Court imposed strict conditions for release, including appearance before the Trial Court and restrictions on adjournments, while clarifying that this order does not prejudice the trial.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties in the like amount subject to strict conditions regarding presence in court and no adjournment.

Neelesh Vishwakarma Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41488 of 2022

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Applicant :- Neelesh Vishwakarma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Purnima,Ranjeet Kumar Mishra Counsel for Opposite Party :- G.A.,Chandan Singh

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant, Sri Ashutosh Agrhari, holding brief of Sri Chandan Singh, learned counsel for the complainant as well as learned AGA for the State and perused the record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in S.T. No. 71 of 2019, (State Vs. Nelesh Vishwakarma) arising out of Case Crime No. 228 of 2019, under Sections 363, 366, 376, 506, 386 IPC and section 3/4 POCSO Act, Police Station Vindhyachal, District Mirzapur.

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Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that as per the medical report the victim is aged about 20 years. It has further submitted that no injury has been found on the body of the victim. It has further submitted that the statements of the victim has been recorded under sections 161 and 164 Cr.P.C. in which the victim has stated that she had gone with the applicant on her own sweet will which shows that the victim was a consenting party. It has further submitted that the victim has solemnized her marriage with the applicant and they are living as husband and wife. No offence is made out against the applicant. He has further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail. There is no criminal history of the applicant. The applicant is in jail since 18.9.2019.

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On the other hand, learned counsel for the complainant as well as learned A.G.A. oppose the application for bail.

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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.

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Let the applicant Neelesh Vishwakarma, who is involved in aforementioned case crime be released on bail on his furnishing

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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 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 :- 3.12.2022

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Digitally signed by AFAQ AHMAD Date: 2022.12.03 13:27:35 IST Reason: Location: High Court of Judicature at Allahabad

Neelesh Vishwakarma v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Neelesh Vishwakarma 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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