Allowed

Pawan Kumar Vishwakarma v. State of U.P. and 3 Others

Allahabad HC30 Jan 2023BAIL/2326/2023

Case brief

AI extract

What is this about?

The court granted bail to Pawan Kumar Vishwakarma in a case under the POCSO Act and IPC. The applicant argued false implication and fatal delay in lodging the FIR. No other parties appeared. The applicant was released on a personal bond and two sureties.

What did the court decide?

Release on bail on personal bond and two sureties appearing before the trial court and not tampering with evidence.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2326 of 2023

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Applicant :- Pawan Kumar Vishwakarma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Learned A.G.A. on the basis of instructions submits that notice of the instant bail application has been personally served upon opposite party 2/ informant, however, when the case is taken up, no one appears on behalf of the opposite party no. 2/ informant nor any counter affidavit has been filed.

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A receiving endorsement produced by learned A.G.A. is taken on record.

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Heard learned counsel for the applicant and Sri Vikas Sahai, learned AGA for the State-opposite party.

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The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 161 of 2022, under Sections 363, 366, 506 I.P.C. read with Section 7/8 of POCSO Act read with Section 3(2)(5) of SC/ST Act, Police Station- Kaundhiyara, District Prayagraj during the pendency of trial.

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It is submitted that the applicant has been falsely implicated in the present case. The applicant was not named in the first information report. The incident is alleged to have occurred on 21.07.2022. The first information report was lodged on 22.07.2022. The delay is fatal to the prosecution case. As per the allegations in the first information report, the sister of the informant went missing on 21.07.2022 since 12:00 pm. There are contradictions in the statements of the victim under Sections 161 and 164 Cr.P.C. In the statement of the victim under Section 161 Cr.P.C., she stated that she is aged 19 years. She left her house voluntarily. There is no allegation of sexual assault against the applicant. Upon the victim going into the custody of her parents an entirely different version has been narrated. The applicant has no criminal history to his credit. The applicant is in jail since 04.08.2022. In case, he is enlarged on bail, he will not misuse the said liberty.

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Learned AGA has opposed the prayer for bail but could not

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satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Pawan Kumar Vishwakarma , involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 30.1.2023 Aditya

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Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Pawan Kumar Vishwakarma v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Pawan Kumar Vishwakarma 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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