In a bail application, the court granted bail to the applicant charged under Sections 376 DB and POCSO Act, observing that fundamental rights were violated due to prolonged detention. The court allowed bail with strict conditions.
Released on bail by furnishing a personal bond and two heavy sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13686 of 2023 Applicant :- Smt. Geeta Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abdul Khalik,Nuzhat Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
consideration the fact that the fundamental rights of the applicant stands violated as provided under Article 21 of the Constitution of India.
at this stage, 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 .
i. The applicant will not tamper with the evidence during the trial.
ii. The applicant will not pressurize/ intimidate the prosecution witness.
iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
v. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 11.4.2023\Shalini
(Justice Krishan Pahal)
Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail under the added sections considering severity of punishment and fundamental rights under Article 21.
Whether the error in charge under Section 376-D instead of Section 376 DB amounts to double jeopardy warranting bail.
3 provisions across 3 enactments
Smt. Geeta
State Of U.P.
Krishan Pahal
Shalini Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
