Allowed

Vivek Singh v. State of U.P. and Another

Allahabad HC15 Mar 2023BAIL/25152/2021

Case brief

AI extract

What is this about?

In a bail application under Sections 376 A and B I.P.C. and POCSO, the High Court considered the gravity of the offence involving a minor victim. Finding a prima facie case and reasonable apprehension of witness tampering, the court allowed bail subject to strict conditions and directed speedy trial within one year.

What did the court decide?

The applicant is released on bail on his personal bond and two sureties subject to strict conditions including non-tampering with witnesses and attending trial dates, with the trial directed to conclu

Vivek Singh Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25152 of 2021

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Applicant :- Vivek Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Kumar Pandey,Smt. Kirti Pandey

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Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Heard Shri Rajendra Kumar Pandey, learned counsel for the applicant as well as Shri Anand Sagar, learned A.G.A. for the State and perused the record.

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The instant application for bail has been moved on behalf of the applicant- Vivek Singh with the prayer to enlarge him on bail in Case Crime No. 0467 of 2020 under Sections 376 A, B I.P.C. and Section 5/6 of POCSO Act, Police Station- Sector-39 Noida, District- Gautambudh Nagar, during pendency of the trial.

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Learned counsel for the applicant has submitted that the applicant is innocent and been falsely has implicated in this case. The applicant is a general merchant and the informant had a due of Rs. 20,000/- and on demand, he has falsely implicated the applicant in this case. There is delay of about four days in lodging the F.I.R. and no explanation has been given for such delay. From the contents of the F.I.R. and the medical evidence, the offence does not traverse beyond Section 354 I.P.C. In the medical examination of the victim, no swelling or redness was found on the internal part, which rules out commission of offence under Section 376 I.P.C. also. It has been submitted that the accused/applicant has no previous criminal history and is languishing in jail since 28.08.2020.

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Lastly, it has been submitted that in case, the applicant is enlarged on bail, he will not misuse the liberty of bail and he will also fully cooperate with the trial court in getting the trial concluded expeditiously. He has also submitted that the applicant will not intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case.

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Per contra, learned A.G.A. for the State has vehemently opposed the prayer for grant of bail and submitted that the victim is just

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seven year old and the offence is not only heinous but also immoral.

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Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of record, it transpires that the only role assigned to the applicant is that of lowering the underwear of the victim. Some dispute regarding money has also been shown between the informant and the applicant.

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Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, a case for bail is made out. The bail application is, thus, allowed.

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Let the applicant- Vivek Singh be released on bail in the aforesaid case on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial;

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The applicant shall cooperate in the trial sincerely without seeking any adjournment;

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail;

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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 them from disclosing such facts to the Court or to any police officer;

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The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, in case the witnesses are present in court;

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and

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proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that the trial of the aforesaid case shall be conducted without being influenced by any observation made herein above which are confined to the disposal of the instant application for bail.

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Keeping in view the fact that the trial is pending since 2020, the learned trial Court concerned is directed to get the trial concluded with utmost expedition, without granting any unnecessary adjournments to the parties, preferably within a period of one year from the date of production of certified copy/computerized copy of this order, in case there is no other legal impediment.

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Order Date :- 15.3.2023

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S.Verma

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Digitally signed by :- SANDEEP KUMAR VERMA High Court of Judicature at Allahabad

Vivek Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Vivek Singh v. State of U.P. and Another

Case brief

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What did the court decide?

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