Court allowed bail application in a non-bailable offence involving offences under IPC 363, 376 and POCSO. Granted bail on personal bond and two heavy sureties subject to standard conditions.
Application allowed. Applicant released on bail on furnishing personal bond and two heavy sureties subject to conditions.
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Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1739 of 2020
Applicant :- Vikki Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Bharti,Balwant Singh Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
fundamental rights of the applicant as provided under Article 21 of the Constitution of India stand violated. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 05.10.2018 In case, the applicant is released on bail, he will not misuse the liberty of bail.
"We are conscious of the fact that the charges levelled against the respondent are grave and a serious threat to societal harmony. Had it been a case at the threshold, we would have outrightly turned down the respondent's prayer. However, keeping in mind the length of the period spent by him in custody and the unlikelihood of the trial being completed anytime soon, the High Court appears to have been left with no other option except to grant bail."
(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 commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
(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 :- 22.2.2023 Ashutosh
Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant has made out a case for bail considering the length of custody and unlikelihood of trial completion.
Whether the prosecution story of abduction and rape is corroborated by medical evidence.
Colour shows how this judgement treated each authority
Union of India vs. K.A. NajeebExplained¶13
Union of India vs. K.A. Najeeb, AIR 2021 SC 712 · Who else cites this
2 provisions across 2 enactments
Vikki
State of U.P.
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
