Allowed

Babloo v. State of U.P. and 3 Others

Allahabad HC16 May 2022BAIL/8497/2022

Case brief

AI extract

What is this about?

The court granted bail to Babloo in a case involving alleged sexual offences under the IPC and POCSO. The court was satisfied based on the submitted medical report and victim statement discrepancies, without expressing an opinion on the merits, and imposed strict conditions regarding court attendance and adjournments.

What did the court decide?

The applicant, Babloo, is released on bail on furnishing a personal bond and two sureties, subject to strict conditions.

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

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Court No. - 49

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8497 of 2022

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Applicant :- Babloo Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Nirbhay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Siddhartha Varma,J.

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Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

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This is an application for bail moved on behalf of the applicant, Babloo, who is involved in Case Crime No. 416 of 2021, under Sections 376, 323, 504 and 506 of I.P.C. and 3/4 Protection of Children From Sexual Offence Act, Police Station- Sahawar, District- Kasganj.

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Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. It is further contended that the statement of the victim under Section 164 of Cr.P.C. was that there was no rape committed by the accused. Learned counsel for the applicant further states that even the medical report does not show any spermatozoa and the medical opinion was also to the extent that no opinion can be given about sexual assault. It is further contended that charge sheet in the case has been submitted. It is further submitted that the applicant has no other criminal history and is in jail since 07.01.2022 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

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On the other hand, learned A.G.A. opposed the prayer for bail but could not deny the fact that the victim herself had given her statement in favour of the accused. He also did not deny that the charge sheet had been submitted.

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In view of the above, without expressing any opinion on the merits of the rival claims, the applicant has made out a case for bail.

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Let the applicant, Babloo be released on bail in Case Crime No. 416 of 2021, under Sections 376, 323, 504 and 506 of I.P.C. and 3/4 Protection of Children From Sexual Offence Act, Police Station-

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Sahawar, District- Kasganj on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/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 the court.

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In case of default of this condition, it shall be open for the trial court to treat it as an 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 Panel 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 applicant fails to appear before the court on the date fixed on such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel 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 charges and (iii) recording of statement under Section 323 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 an abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 16.5.2022 vkj

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Digitally signed by VIJAY KRISHNA JAISWAL Date: 2022.05.17 17:57:08 IST Reason: Location: High Court of Judicature at Allahabad

Babloo v. State of U.P. and 3 Others

Case brief

What is this about?

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Babloo v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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