Allowed

Kavi Pal v. State of U.P. and 3 Others

Allahabad HC27 May 2022BAIL/9830/2022

Case brief

AI extract

What is this about?

Couchant Criminal Misc. Bail Application No. 9830 of 2022, the High Court of Judicature at Allahabad allowed the bail plea of Kavi Pal, an accused facing trial under sections 376, 506 IPC and sections 3/4 POCSO Act. The court considered his detention since 2018, lack of antecedents, and the nature of allegations, ruling that he should be released on bail subject to standard conditions.

What did the court decide?

The applicant Kavi Pal to be released on bail on executing a personal bond and furnishing two sureties in the like amount.

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

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Court No. - 85

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9830 of 2022

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Applicant :- Kavi Pal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Diwan Saifullah Khan,Ajun Sahu Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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

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By means of this application, the applicant who is involved in Case Crime No. 394 of 2018, under sections 376, 506 I.P.C. and section 3/4 POCSO Act, P.S. Cantt., district-Varanasi, who is in jail since 14.6.2018, is seeking enlargement on bail during the trial.

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The first information report was lodged by the victim herself against the present accused, alleging therein that the present accused had feigned a false love to marry with her. On 22.4.2018 at about 12:30 a.m. when the parents of alleged victim went to sleep on terrace and she also went to sleep in her room, the present accused, who was hidden in another room, entered her room and molested her, then the brother of the alleged victim suddenly came and saw the present accused, then present accused after pushing his brother fled away from the place of occurrence. The present accused also threatened the alleged victim that he would kill her family members.

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Learned counsel for the applicant submits that as per medical opinion the alleged victim was aged about 18-19 years and it is apparent from the facts and circumstances of the case that the alleged victim is a consenting party and the criminal case in question was instituted after she was found in a compromising position and the applicant has been falsely implicated in the present case. He lastly submits that the applicant is languishing in jail for about four years and the trial has not yet been concluded. The applicant has no criminal antecedents to his credit, hence he is entitled to be enlarged on bail during pendency of the trial.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the

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accused, severity of the punishment, submissions of learned counsel for the parties, considering the period of detention, considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Kavi Pal be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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(a) The applicant shall attend the court according to the conditions of the bond executed by him.

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(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 27.5.2022 Faridul

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Digitally signed by FAREEDUL HASAN Date: 2022.05.28 13:04:13 IST Reason: Location: High Court of Judicature at Allahabad

Kavi Pal v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Kavi Pal v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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