Allowed

Sudhir Singh @ Sachin v. State of U.P. and 3 Others

Allahabad HC4 Nov 2022BAIL/47850/2022

Case brief

AI extract

What is this about?

In a bail application under Crim. Misc. No. 47850 of 2022, the Allahabad High Court granted bail to an accused charged under Sections 354, 452 IPC and POCSO. The court found it to be a fit case without expressing an opinion on merit, subject to strict conditions regarding court attendance and prohibition of delays.

What did the court decide?

Applicant released on bail on personal bond and two reliable sureties with specific conditions to file undertakings against adjournments and ensure court attendance.

Sudhir Singh @ Sachin Vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47850 of 2022

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Applicant :- Sudhir Singh @ Sachin Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.,Vikas Singh

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Hon'ble Piyush Agrawal,J.

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Heard learned counsel for the applicant Mr. Vikas Singh for the informantopposite party 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. 447 of 2022, under Sections 354, 452 IPC and 7/8 of POCSO Act, Police Station- Kotwali Orai , District - Jalaun.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that the father of the applicant as well as the informant have business transaction and in order to collect some money, the applicant was stayed in the house of the informant and all of sudden in the night the informant misbehaved with her daughter and also beaten the applicant due to which the applicant had received 8 injuries. The applicant has filed report of the I.O. at page 29 in which it has been stated that on one number there were 86 chats/ calls between the applicant and the victim from 5.4.2022 to 20.8.2022 and one another number from 21.8.2022 to 29.8.2022 there were 30 chats/ calls, which were taken place mostly on night; the victim is consenting party and they are in a relationship. It is also submitted that there is no apprehension that after being released on bail, applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 30.8.2022 and the possibility of conclusion of trial in near future is very bleak.

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Learned A.G.A. has, however, opposed the prayer for grant of bail.

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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 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 namely Sudhir Singh @ Sachin be released on bail in the aforesaid Case Crime Number on his/her 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 applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are

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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/her counsel. In case of his absence, without sufficient cause, the trial court may proceed against applicant under Section 229A 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 presence of the applicant, 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 the applicant, 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 the applicant 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 :- 4.11.2022 Rahul Dwivedi/-

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(Piyush Agrawal, J.)

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Digitally signed by RAHUL DWIVEDI Date: 2022.11.04 15:44:31 IST Reason: Location: High Court of Judicature at Allahabad

Sudhir Singh @ Sachin v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Sudhir Singh @ Sachin v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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