Allowed

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

Allahabad HC11 Aug 2023BAIL/14197/2023

Case brief

AI extract

What is this about?

Hon'ble Dr. Gautam Chowdhary, J. allowed the bail application of Mukesh, an applicant in a rape and POCSO case, allowing release on personal bond and sureties to expedite the conclusion of trial while ensuring he does not tamper with evidence or intimidate witnesses.

What did the court decide?

Application allowed. Applicant released on bail subject to personal bond, two heavy local sureties, and specific conditions regarding appearance and conduct.

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

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Neutral Citation No. - 2023:AHC:163130

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14197 of 2023

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Applicant :- Mukesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vipin Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case.Learned counsel for the applicant submits that initially the applicant was granted bail vide order dated 04.11.2015, thereafter, the applicant was continuously and regularly attending the trial but on 28.01.2021, the applicant could not appear before the Court below and an application was moved for his exemption but the learned Court below has rejected the same and had issued nonbailable-warrant against him, pursuant to which the applicant appeared before the learned Court below and was sent to jail. He further submits that the applicant resides in a rural area and meets his livelihood by doing labour work and was not aware of the procedure on account of which, the bailable warrants have been issued against the applicant. Learned counsel has next argued that trial is on the verge of completion. It has also 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 and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He

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next submits that applicant is languishing in jail since 26.05.2022 having no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

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Let applicant Mukesh involved in Case Crime No. 218 of 2015 under Section 376 I.P.C., and Section 4 of POCSO Act, Police Station Jalesar, District Etah, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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A. The applicant shall not tamper with the evidence during the trial.

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B. The applicant shall not pressurize/ intimidate the prosecution witness.

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C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.

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D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected.

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E. The applicant shall not directly or indirectly make any

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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 or tamper with the evidence.

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In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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However, considering the fact that the case is of the year 2015 and as has been stated by learned counsel for the applicant that the trial is likely to be concluded very soon, therefore, the learned trial Court is directed to make all possible endeavours to decide the aforesaid case as expeditiously as possible in accordance with law.

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Order Date :- 11.8.2023 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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