Allowed

Narendra Kumar v. State of U.P. and 3 Others

Allahabad HC9 May 2022BAIL/7976/2022

Case brief

AI extract

What is this about?

This judgment allows a bail application filed by Narendra Kumar in a case involving sexual offences under POCSO Act and IPC sections, granting bail subject to furnishing a personal bond and sureties and agreeing to specific conditions.

What did the court decide?

Narendra Kumar is released on bail by furnishing a personal bond and two sureties in the like amount, subject to specified conditions.

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

¶1

Court No. - 44

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7976 of 2022

¶3

Applicant :- Narendra Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ghan Shyam Yadav Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ashwani Kumar Mishra,J.

¶5

At the outset learned AGA informs that the victim as also the Child Welfare Committee has been served with the copy of bail application in the present case. None, however, has appeared on their behalf.

¶6

Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.

¶7

The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No.0761 of 2021, under Sections 363, 366, 376, 120-B IPC and 5/6 of the Protection of Children from Sexual Offices Act, Police Station Kotwali Khalilabad, District Sant Kabir Nagar.

¶8

Learned counsel for the applicant submits that in the medical examination of the victim conducted by the Board her age has been found to be 19 years, and therefore the offences under the provisions of the POCSO Act would not be applicable. It is also stated that in the statement under Sections 161 and 164 Cr.P.C. there is a clear variation and since the victim has herself admitted that she was in a relationship for the last nearly three years, it ought to be presumed that she was a consenting party to the establishment of physical relations between them. It is also stated that applicant has no criminal history and is languishing in jail since 21.12.2021. It is further argued that the trial is not likely to conclude shortly and that the applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial.

¶9

Learned A.G.A. opposes the bail application.

¶10

Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.

¶11

Let the applicant Narendra Kumar be released on bail in the

¶12

aforesaid case crime on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

¶13

(i) The applicant will not tamper with prosecution evidence.

¶14

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

¶15

(iii) The applicant will not indulge in any unlawful activities.

¶16

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

¶17

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

¶18

Accordingly, the instant bail application is allowed.

¶19

Order Date :- 9.5.2022 Anil

¶20

Digitally signed by ANIL KUMAR PATEL Date: 2022.05.09 17:50:05 IST Reason: Location: High Court of Judicature at Allahabad

Narendra Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Narendra Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mamta Rani Sharma Vs State of U.P. through Its Secretary Education (Basic) and 3 Others

Dharam Veer Singh Vs State of U.P. and 4 Others

Suraj Prasad Vs Additional District Judge and 14 Others

Akash Nishad Vs State of U.P.

Nandani Vs State of U.P.

Manish Vs State of U.P.