In a bail application concerning a POCSO case involving illegal confinement and alleged gang rape, the High Court, citing jail overcrowding and constitutional rights to speedy trial, allows bail subject to standard conditions.
Release on personal bond and two sureties subject to conditions regarding evidence tampering and attendance in court.
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Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1280 of 2023
Applicant :- Roopendra Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rahul Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Roopendra Kumar, with a prayer to release him on bail in Case Crime No. 38 of 2022, under Sections 342,376D,363,506 IPC and section 6 POCSO Act Police Station Jariya, District- Hamirpur, during pendency of trial.
There is allegation against the applicant of illegal confinement of the victim, gang rape, abduction, threatening and offence under section 6 POCSO Act.Learned counsel for the applicant has submitted that victim and her mother have been examined as P.W.2 and P.W.3 before the trial court, who have been declared hostile. The father of the victim has also not supported the prosecution case.The applicant is in jail since 18.2.2022 and has no criminal history.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the 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 trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191
of 2021 ; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed
Let the applicant 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 8.2.2023
Atul kr. sri.
Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, accused in a POCSO case involving illegal confinement and gang rape, should be released on bail considering jail overcrowding.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. C.B.I.Referred¶9
Satendra Kumar Antil vs. C.B.I., S.L.P (Crl.) No. 5191 of 2021
Roopendra Kumar
State Of U.P.
Siddharth
Atul Kumar Srivastava
As recorded by the court registry
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