Allowed

Vijay Singh v. State of U.P. and 3 Others

Allahabad HC17 May 2023BAIL/11360/2023

Case brief

AI extract

What is this about?

Single judge of Allahabad High Court granted bail to Vijay Singh in a POCSO and IPC case involving attempt to outrage modesty, directing furnishing of personal bond with two heavy sureties of family members on specified conditions to appear in court.

What did the court decide?

Release of applicant Vijay Singh on bail by furnishing a personal bond with two heavy sureties (one of family member) each in like amount.

Vijay Singh Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:114010

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11360 of 2023

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Applicant :- Vijay Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dharmendra Singh,Sushma Counsel for Opposite Party :- G.A.,A/K0357/2017

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Sri Kalp Nath Mishra, learned counsel for the complainant and Sri Mithilesh Kumar, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next drawn the attention of this Court towards annexure-4 to the affidavit accompanying this bail application, which is the statement of the victim recorded under Section 164 Cr.P.C. wherein the allegation of attempt to outrage the modesty of the victim has been levelled against the applicant. When infact no such incident has taken place, actually the dispute arose when the children were playing. The victim herself has refused for her internal medical examination and as per medical report the victim was found to be aged about 17 years. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 30.1.2023. It has been pointed out that the applicant has no criminal history.

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Learned counsel for the complainant and learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting

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evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge the applicant is entitled to be released on bail in this case.

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Let the applicant Vijay Singh involved in Case Crime No.77 of 2023, under Sections 354, 354-Ka, 354-Kha, 504, 506 I.P.C. and Section 7/8 of the Protection of Children From Sexual Offence Act, 2012, Police Station Tajganj, District Agra be released on bail on his furnishing a personal bond with two heavy sureties ( one should of family member ) each in the like amount to the satisfaction of the court concerned with 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 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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(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 Penal 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 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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(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 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, the trial court will be at liberty to cancel the bail.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 17.5.2023 Dev/-

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Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad

Vijay Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Vijay Singh v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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