Allowed

Pawan v. State of U.P. and Another

Allahabad HC19 Jul 2023BAIL/13245/2021

Case brief

AI extract

What is this about?

The High Court allowed a second bail application filed by the accused in a rape and POCSO case. Relying on the victim's withdrawal of support during trial and the applicant's long imprisonment of over three and a half years, the court granted bail conditioned on a personal bond and two sureties, clarifying that this decision does not prejudice the merits of the trial.

What did the court decide?

The applicant Pawan is released on bail by furnishing a personal bond and two sureties in the satisfaction of the Court.

Pawan Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:144162

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13245 of 2021

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Applicant :- Pawan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kartikey Singh,Somendra Singh,Tufail Hasan Counsel for Opposite Party :- G.A.,Mohammad Mahtab Alam,Neeraj Seerotiya,Saif Naseem

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Hon'ble Sameer Jain,J.

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Supplementary affidavit filed today on behalf of the applicant is taken on record.

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None present on behalf of the informant. However, learned AGA for the State-respondent are present.

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Heard Sri Tufail Hasan, learned counsel for the applicant and Dr. S. B. Maurya, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 6 of 2020, under Sections 366A, 376 IPC and 3/4 POCSO Act, Police Station Surir, District Mathura, during pendency of the trial in the court below.

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This is the second bail application filed on behalf of the applicant. The first bail application of the applicant was dismissed by another Bench of this Court vide order dated 24.6.2020 passed in Crl. Misc. Bail Application No. 16896 of 2020.

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Learned counsel for the applicant submitted that he is pressing the instant second bail application on the ground that victim during trial did not support the prosecution case and applicant is in jail for last three and a half years.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that victim of the case appeared before the trial court but during trial she did not support the prosecution case and applicant is in jail for last about three and half years.

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I have heard learned counsel for the parties and perused the record of the case.

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Although, this is the second bail application but it appears that during trial, victim of the case did not support her earlier version and stated that she was not raped by anyone and even with regard to the statement under section 164 Cr.P.C., she stated before the trial court that on the instigation of the police personnel, she gave her statement under section 164 Cr.P.C.

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Further applicant is in jail for last more than three and a half years in the present matter.

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Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 19.7.2023

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Ankita

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Pawan v. State of U.P. and Another

Case brief

What is this about?

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Pawan v. State of U.P. and Another

Case brief

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