Allowed

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

Allahabad HC8 Dec 2022BAIL/50064/2022

Case brief

AI extract

What is this about?

Court allowed bail application of applicant accused in cases involving offences under 363, 366, 376 IPC and POCSO. Proceedings remitted to trial court to release applicant on personal bond and two sureties subject to specified conditions regarding court attendance.

What did the court decide?

Application allowed; applicant released on personal bond and two local sureties subject to conditions of attendance and no adjournments.

Sher Singh Alias Mohan Singh Vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50064 of 2022 Applicant :- Sher Singh Alias Mohan Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Counter affidavit filed on behalf of State, is taken on record.

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Heard Mr. Sanjay Singh, learned counsel for the applicant, Mr. Pankaj Srivastava, learned A.G.A. for the State and perused the record of the present bail application.

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The present bail application has been filed by the applicant Sher Singh Alias Mohan Singh with a prayer to enlarge him on bail in Case Crime No. 282 of 2021, under Sections 363, 366, 376, 504, 506 IPC and Section 3/4 POCSO Act, Police Station Tajganj, District Agra during pendency of trial.

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As per the prosecution case, an FIR has been lodged against two named accused including the applicant alleging therein that the victim was enticed away by the applicant. It has also been mentioned that she took some jewellery and Rs. 80,000/- & Rs. 20,000/- with her.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. After recovery of the victim, her statements under Sections 161 and 164 Cr.P.C. were recorded in which she has not said anything against the applicant. He further submits that in her statement under Section 164 Cr.P.C., she has stated that she went out of her own free will, she knew the applicant since last two years.

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Learned counsel for the applicant further submits that from the aforesaid, it is clear that relations between the two is consensual. As per medical certificate issued by the office of the Chief Medical Officer, Agra, the age of the victim was about 17 years. He further submits that charge sheet has been submitted only against the applicant. He further submits that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and the applicant is languishing in jail since 20.01.2022. Accordingly, he requests for bail.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant, however could not dispute the fact that the victim has not been sexually exploited.

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Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the 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 misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicants 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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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 8.12.2022/Arti

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Digitally signed by ARTI SHARMA Date: 2022.12.19 11:28:56 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

What is this about?

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

Case brief

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What did the court decide?

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