Allowed

Deepak v. State of U.P. and 3 Others

Allahabad HC2 Nov 2022BAIL/41717/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant Deepak in a case involving offences under IPC and POCSO Act, finding it to be a fit case for bail without expressing an opinion on merits and imposing specific conditions during trial.

What did the court decide?

Applicant released on bail on furnishing personal bond and two heavy sureties subject to specified conditions regarding attendance and conduct.

Deepak 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. - 41717 of 2022

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Applicant :- Deepak Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Learned AGA submits that Investigating Officer, Thana Purkazi, district Muzaffaranagar has been served notice to the complainant.

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Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the material available on record.

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The present bail application has been filed by the applicant- Deepak in Case Crime No.19 of 2021, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station Purai, district Muzaffar Nagar with the prayer to enlarge the applicant on bail.

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The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. As per medical report, the age of the victim is aged about 17-18 years. As per statement of the victim recorded under section 164 Cr.P.C, there is no allegation against the applicant. Lastly, it is argued that the applicant is languishing in jail since 27.01.2021 having no previous criminal history and in case the applicant is enlarged on bail, he will not misuse the liberty of bail.

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Per contra, learned A.G.A. has vehemently opposed the prayer for bail, however, he could not controvert the submissions made by learned counsel for the applicant.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Let the applicant- Deepak involved in the aforesaid case be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :

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(i) The applicant shall file an undertaking to the effect that she 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 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 :- 2.11.2022 SFH

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Digitally signed by SYED FAHIM HUSAIN Date: 2022.11.03 16:46:39 IST Reason: Location: High Court of Judicature at Allahabad

Deepak v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Deepak v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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