Allowed

Awadh Nishad S/O Bhagau Nishad v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC15 Dec 2022BAIL/6145/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the accused-applicant in an FIR involving rape of a child under POCSO and related IPC/SC-Act charges. Despite serious allegations, the court found it a fit case for bail due to long jail time (since March 2017) and lack of criminal antecedents, without commenting on case merit. Specific conditions regarding presence and avoiding adjournments were imposed.

What did the court decide?

Bail granted on furnishing personal bond and two local sureties in like amount, subject to conditions regarding court presence and no adjournments.

Awadh Nishad S/O Bhagau Nishad Vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 10

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6145 of 2022

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Applicant :- Awadh Nishad S/O Bhagau Nishad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Jai Kishan Arora,Ashish Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the entire record.

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By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.0330 of 2017, under Section 376(2) IPC read with Sections 3/4 POCSO Act and Sections 3(2)(5) SC/ST Act lodged at Police Station Gomti Nagar, District Lucknow.

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As per allegations in the FIR, the accused-applicant raped the prosecutrix, aged around 12 years on 14.03.2017; the prosecutrix has supported the prosecution case in her statements recorded under Sections 161 and 164 CrPC.

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Learned counsel for the accused-applicant submits that the trial has commenced; cross-examination of the prosecutrix is yet to get completed; the accused-applicant is in jail since 16.03.2017 and there is no previous criminal antecedent to his credit.

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Considering the long incarceration of the accused-applicant in jail since 16.03.2017 and without commenting upon merit of the case, I find it to be a fit case for grant of bail.

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Let applicant- Awadh Nishad , accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:-

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(i) the applicant(s) 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(s) shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his

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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(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and

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(iv) the applicant(s) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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[D.K. SINGH, J]

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Order Date :- 15.12.2022 MVS/-

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Digitally signed by MANOJ VIKRAM SINGH CHAUHAN Date: 2022.12.15 18:55:09 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Awadh Nishad S/O Bhagau Nishad v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Awadh Nishad S/O Bhagau Nishad v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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