Allowed

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

Allahabad HC14 Mar 2023BAIL/10852/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to Tanvir, who was accused of kidnapping, rape, and POCSO offences. The court found that the medical examination showed no internal injuries, suggesting voluntary involvement. Despite the severity of the charges involving minors, reasonable apprehension of tampering was not considered sufficient to deny bail, provided strict undertakings were given.

What did the court decide?

Tanvir released on bail via personal bond and two sureties subject to strict conditions regarding attendance and no interference with witnesses.

Tanvir Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2023)

¶1

Court No. - 80

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10852 of 2023

¶3

Applicant :- Tanvir Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Om Prakash Yadav Counsel for Opposite Party :- G.A.

¶4

Hon'ble Umesh Chandra Sharma,J.

¶5

Heard Shri Om Prakash Yadav, learned counsel for the applicant, Sri Pankaj Tripathi, learned A.G.A. for the State and perused the record.

¶6

The instant application for bail has been moved on behalf of the applicant- Tanvir with the prayer to enlarge him on bail in Case Crime No. 197 of 2022 under Section 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station- Uldan, District- Jhansi, during pendency of the trial.

¶7

Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. The accused-applicant was co-worker of the informant and used to visit his house and came into contact with the victim and developed love affairs with her. The applicant has not kidnapped or abducted the victim. In the statement under Section 161 Cr.P.C. the victim has admitted that she left the house due to tussle with her sister namely Jyoti and went to Jhansi wherefrom she called the applicant and on her call the applicant reached there and from there they went to Bihar and made physical relations with the applicant. In the medical examination, no internal injury was found on the person of the victim which may suggest that the victim was subjected to forceful intercourse. It has been further submitted that the accused/applicant has no previous criminal history and is languishing in jail since 4.1.2023.

¶8

Lastly, it has been submitted that in case, the applicant is enlarged on bail, he will not misuse the liberty of bail and he will also fully cooperate with the trial court in getting the trial concluded expeditiously. He has also submitted that the applicant will not intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case.

¶9

Per contra, learned A.G.A. for the State has vehemently opposed

¶10

the prayer for grant of bail and submitted that since the victim is minor, thus, her consent is of no value.

¶11

Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, a case for bail is made out. The bail application is, thus, allowed.

¶12

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

¶13

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial;

¶14

The applicant shall cooperate in the trial sincerely without seeking any adjournment;

¶15

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail;

¶16

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 them from disclosing such facts to the Court or to any police officer;

¶17

The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, in case the witnesses are present in court;

¶18

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, default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

¶19

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶20

It is made clear that the trial of the aforesaid case shall be

¶21

conducted without being influenced by any observation made herein above which are confined to the disposal of the instant application for bail.

¶22

Order Date :- 14.3.2023 S.Verma

¶23

Digitally signed by :- SANDEEP KUMAR VERMA High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

Tanvir 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sonu Vs State of U.P

Dharmendra Kumar Vs State of U.P.

Sudhakar Vs State of U.P.

Bobeen @ Neeraj Vs State of U.P. and 3 Others

Lavkush Vs State of U.P and 3 Others

Ayub and 4 Others Vs State of U.P. and 3 Others