Allowed

Dinesh v. State of U.P. and 3 Others

Allahabad HC2 Mar 2023BAIL/2772/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Dinesh in a POCSO and IPC case. Relying on parity with a co-accused already on bail and lack of criminal history, the Court released the applicant on bonds and heavy sureties, subject to standard conditions.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two heavy sureties subject to specified conditions.

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

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Court No. - 83

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2772 of 2023

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Applicant :- Dinesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Chandra Shekhar Kushwaha Counsel for Opposite Party :- G.A.,Sunil Kumar Dubey

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Hon'ble Krishan Pahal,J.

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List has been revised.

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As informed by the learned A.G.A., notice to the informant has been served on 16.1.2023.

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Heard Shri Chandra Shekhar Kushwaha, learned counsel for the applicant and Sri Ashwani Kumar Mishra, Advocate holding brief of Sri Sunil Kumar Dubey, learned counsel for the informant as well as Shri Vibhav Anand Singh, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No.262 of 2020, Special Session Trial No.376 of 2021, under Sections 323, 376-D I.P.C. and 3/4 of POCSO Act, Police Station Rajabpur, District Amroha, during the pendency of trial.

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It is submitted by learned counsel for the applicant that similarly placed co-accused person, Omendra has already been enlarged on bail by this Court vide order dated 30.11.2022 passed in Criminal Misc. Bail Application No. 33698 of 2022. The applicant is languishing in jail since 2.12.2022, having no criminal history to his credit. He further submitted that since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

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The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspects of parity to the co-accused and of no criminal history of the applicant, have not been disputed by him.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and also taking into consideration the judgment of the Apex Court passed in the case of Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation , MANU/SCOR/22410/2021 and the judgment of this Court

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passed in the case of Nanha S/o Nabhan Kha vs. State of U.P., 1993 Cri.L.J. 938 , and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail on the ground of parity. The bail application is allowed on the ground of parity.

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Let the applicant- Dinesh involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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(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.

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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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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.

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Order Date :- 2.3.2023 Vikas

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

Dinesh v. State of U.P. and 3 Others

Case brief

What is this about?

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Dinesh v. State of U.P. and 3 Others

Case brief

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