Allowed

Pradeep Kumar v. State of U.P. and 3 Others

Allahabad HC10 Jul 2023BAIL/14726/2023

Case brief

AI extract

What is this about?

Hon'ble Sameer Jain, J., allowed bail application of Pradeep Kumar in Case Crime No. 673 of 2022. Bail granted citing hostile witnesses at trial and applicant's lack of criminal antecedents, subject to standard bond conditions. Observations strictly limited to bail disposal.

What did the court decide?

Released on bail by furnishing personal bond and two sureties; other standard bail conditions imposed.

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

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Neutral Citation No. - 2023:AHC:135604

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14726 of 2023

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Applicant :- Pradeep Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vidit Narayan Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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

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Sri Jhamman Ram, learned AGA, for the State, apprised the Court that notice has been served to the informant of the case on 2.5.2023.

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Despite service of notice, none appeared on behalf of the informant.

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Heard Sri Vidit Narayan Mishra, learned counsel for the applicant and Sri Jhamman Ram, learned AGA, for the State.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.673 of 2022, under Sections 363,366,376,323,504 and 506 IPC and Section 5/6 POCSO Act, Police Station Surajpur, District Gautam Budda Nagar during pendency of the trial.

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FIR of the present case was lodged on 14.11.2022 against the applicant and six othersand according to the FIR, after enticing away the victim of the case, applicant sexually exploited her.

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Learned counsel for the applicant submits that entire allegation against the applicant is totally false and baseless and although during investigation informant and victim of the case supported the version of the FIR and victim in her statement

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recorded under Sections 161 and 164 Cr.P.C. stated against the applicant but during trial when informant, the grand-mother of the victim, and victim were examined by trial court as PW-1 and PW-2 respectively then they did not support the prosecution case and they have declared hostile and certified copy of their statement have been appended along with the rejoinder affidavit dated 10.7.20223.

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He further submits that as informant and victim of the case have already turned hostile and applicant is in jail since 30.12.2022, therefore, he may be released on bail.

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Per contra, learned AGA opposed the prayer for bail and submits that in the FIR and in the statements of victim recorded under Sections 161 and 164 Cr.P.C.there are serious allegations against the applicant and victim also appears to be minor but could not dispute the fact that during trial victim and informant both have turned hostile and applicant in the present matter is in jail since 30.12.2022.

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

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Considering the fact that victim and informant of the case both have turned hostile during trial before the trial court and applicant in the present matter is in jail since December, 2022 and he is not having any previous criminal history, in my view, applicant is entitled to be released on bail.

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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- Pradeep Kumar 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 antisocial 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 :- 10.7.2023

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SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Pradeep Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Pradeep Kumar 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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