Allowed

Adarsh Kumar @ Adarsh Barar v. State of U.P. and 3 Others

Allahabad HC3 Aug 2023BAIL/10826/2023

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by Adarsh Kumar, accused of abduction, rape, and POCSO offences. Relying on Article 21, overcrowding in jails, and the Apex Court dictum in Satendra Kumar Antil, bail was granted subject to posting a bond and sureties and adhering to specific conditions regarding court appearance and witness tampering.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each with specific conditions.

Adarsh Kumar @ Adarsh Barar Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:155394

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10826 of 2023

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Applicant :- Adarsh Kumar @ Adarsh Barar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Krishna Shankar,Tarun Jha Counsel for Opposite Party :- G.A.,Abida Syed

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Hon'ble Siddharth,J.

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Supplementary affidavit filed today is taken on record.

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Learned AGA has informed that notice on opposite party no.2 has been served, but no one has put in appearance on behalf of opposite party no.2 to oppose this bail application.

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Heard Sri Tarun Jha, learned counsel for the applicant; learned AGA for the State; Ms. Abida Syed, learned counsel for High Court Legal Services Committee and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Adarsh Kumar @ Adarsh Barar, with a prayer to release him on bail in Case Crime No. 199 of 2022, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Kotwali Orai, District- Jalaun, during pendency of trial.

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There are allegations against the applicant of abduction of a minor girl with intent to marry, commission of offence of rape and penetrative sexual assault.

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Learned counsel for the applicant has submitted that it is a case of false implication. The victim has claimed her age as 19 years. Before the trial court, the victim has been examined as PW-2. She has admitted that she passed Class XII. She eloped with the applicant to Puna and lived with him for five months. She married the applicant and thereafter entered into physical relationship. A female child was also borne in seven months, who died. She has stated that she left her house on her own and went with the applicant and he never beated or made forcible physical relationship with her. Learned counsel for the applicant has submitted that the victim was a consenting party. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since 24.9.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 with the following conditions that :-

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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 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, it shall be a ground for cancellation of bail.

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

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Order Date :- 3.8.2023 Ruchi Agrahari

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Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad

Adarsh Kumar @ Adarsh Barar v. State of U.P. and 3 Others

Case brief

What is this about?

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Adarsh Kumar @ Adarsh Barar v. State of U.P. and 3 Others

Case brief

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