Allowed

Anshu v. State of U.P. and Another

Allahabad HC7 Sept 2022BAIL/6623/2021

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Anshu, charged with offences under IPC and POCSO involving the enticement of a minor. Granting bail despite the serious nature of the charges due to non-support of prosecution witnesses and to protect legal rights under Article 21.

What did the court decide?

The applicant was released on bail subject to furnishing a bond, two sureties, and specific undertaking regarding presence in court and non-interference with witnesses.

Anshu Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6623 of 2021

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Applicant :- Anshu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar,Kamlesh Singh Counsel for Opposite Party :- G.A.,Ramnath

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant, Sri Ramnath, learned counsel for the informant and learned A.G.A. for the State.

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There is allegation of enticement of minor girl with intention to marry and rape against the applicant in the first information report.

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Learned counsel for the applicant has filed a supplementary affidavit bringing the statements of three prosecution witnesses on record. They have not supported the prosecution case and have been declared hostile. The applicant is in jail since 19.10.2020. The trial has not been concluded till date.

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Learned AGA has also opposed the prayer for bail but could not dispute the above submissions.

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Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, 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, Anshu, involved in Case Crime No.905 of 2019, under Sections 363, 366, 376, 120-B I.P.C and 3/4 POCSO Act, Police Station Chhibramau, District- Kannauj be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) 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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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. 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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(iv) 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

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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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(v) 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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In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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The trial court is directed to conclude the trial against the applicant as expeditiously as possible, preferable within a period of six months from the date of production of certified copy of this order.

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Order Date :- 7.9.2022 SS

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Digitally signed by SURENDAR SINGH NARANG Date: 2022.09.08 16:29:43 IST Reason: Location: High Court of Judicature at Allahabad

Anshu v. State of U.P. and Another

Case brief

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Anshu v. State of U.P. and Another

Case brief

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