Allowed

Jogendra Singh v. State of U.P. and 3 Others

Allahabad HC15 Sept 2023BAIL/26796/2023

Case brief

AI extract

What is this about?

In a bail application filed under Section 439 Cr.P.C., the Court observed that the informant's allegations were not corroborated by the victim's statement under Section 164 Cr.P.C., finding the applicant's release justified.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two sureties each, subject to conditions regarding appearance and non-tampering.

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

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Neutral Citation No. - 2023:AHC:178832

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26796 of 2023

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Applicant :- Jogendra Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manish Joshi Counsel for Opposite Party :- G.A.,Sudhakar Yadav

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Hon'ble Vivek Varma,J.

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Short counter affidavit filed by the counsel for the informant, is taken on record.

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Heard learned counsel for the applicant, Sri Sudhakar Yadav, learned counsel for the informant and learned AGA for the Staterespondent.

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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. 146 of 2023, under Sections 363, 366 IPC and Section 7/8 POCSO Act, Police Station Kanth, District Moradabad, during the pendency of trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant did not act inappropriately with the victim. The victim in her statement under Section 164 Cr.P.C stated that she had gone voluntarily with the applicant to Moradabad and from Moradabad they went to Delhi and thereafter to Hyderabad. There is no allegation of any indecent behavior or sexual assault against the applicant. The applicant is in jail since 24.04.2023 having no criminal history and 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 satisfactorily dispute the aforesaid submissions from the record.

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Having heard counsel for the parties and having perused the record, this Court prima facie finds that the allegations made in the FIR by the informant against the applicant have not been supported by the victim in her statement under Section 164 Cr.P.C. The applicant has no criminal antecedent and the fact that the applicant has remained confined for almost five months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been

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brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the 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 Jogendra Singh, involved in the aforesaid case 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; and,

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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 :- 15.9.2023 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Jogendra Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Jogendra Singh 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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