Allowed

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

Allahabad HC10 Oct 2022BAIL/42144/2022

Case brief

AI extract

What is this about?

In a bail application under Section 377, 323 IPC and POCSO, the High Court considered the applicant's claimed innocence, lack of medical corroboration, and absence of prior record. Finding it a fit case to grant bail, the court released the applicant on personal bond and sureties with strict conditions regarding court attendance and penalties for absence.

What did the court decide?

Released on bail on personal bond and two reliable sureties subject to conditions regarding court attendance and no abuse of liberty.

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

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42144 of 2022

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Applicant :- Ravi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Gyan Prakash Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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Sri S.K. Rai, Advocate has filed his vakalatnama on behalf of the first informant, which is taken on record.

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Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

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The present bail application has been filed by the applicant seeking bail in Case Crime No.236 of 2022, under Section 377, 323 IPC and Section 3/4 of Protection of Children from Sexual Offence Act, Police Station- Khurja Dehat, DistrictBulandshahar.

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As per the prosecution story, on 17.07.2022 at about 4.30 hrs., the applicant along with one co-accused committed wrong thing with Himanshi, son of first informant.

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Learned counsel for the applicant has submitted that the applicant is innocent person and has falsely been implicated in the present case due to ulterior motive. It is submitted that the victim Himanshi was medically examined on 18.07.2022, but the medical report has not supported the prosecution version. It is further submitted by learned counsel for the applicant that there is no independent eye witness of the applicant. It is further submitted that the applicant has no previous criminal history to his credit and he is languishing in jail since 19.07.2022 and further undertakes that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. has opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and the specific role of committing crime assigned to other co-

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accused, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let applicant- Ravi be released on bail in the aforesaid Case Crime Number on his furnishing 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 shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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 of the Indian Penal Code.

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(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fail 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 of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 10.10.2022 SK Goswami

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Digitally signed by SHIVAKANT GOSWAMI Date: 2022.10.11 09:12:58 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

Ravi 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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Statutes considered

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