Allowed

Shiva @ Shivam v. State of U.P. and 3 Others

Allahabad HC19 Jul 2023BAIL/28202/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed bail for an applicant accused of sexual exploitation under POCSO and IPC sections. The court noted that the victim and informant turned hostile during trial, with the victim denying the raid allegation. Bail was granted on personal bond and two sureties with conditions.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties with conditions of appearance before trial court and non-inducement of witnesses.

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

¶1

Neutral Citation No. - 2023:AHC:144265

¶2

Court No. - 70

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28202 of 2023

¶4

Applicant :- Shiva @ Shivam Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A.

¶5

Hon'ble Sameer Jain,J.

¶6

Sri Ghanshyam Mishra, learned Brief Holder for the State apprised the Court that on 09.06.2023 notice has been served to the informant. Despite service of notice none appeared on behalf of the informant.

¶7

Heard Sri Anuj Bajpai, learned counsel for the applicant and Sri Ghanshyam Mishra, learned Brief Holder for the State.

¶8

The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 0419 of 2022, under Sections 376 IPC & 5j(ii)/6 POCSO Act, Police Station Khudaganj, District Shahjahanpur during pendency of the trial.

¶9

FIR of the present case was lodged against applicant and according to the FIR due to sexual exploitation of the applicant, the daughter of the informant aged about 14 years conceived.

¶10

Learned counsel for the applicant submitted that entire allegation made against the applicant in the FIR as well as in the statements of victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. is totally false and baseless and during investigation she made allegation of rape against the applicant. He further submits that however when informant and victim of the case appeared before the trial court as PW-1 and PW-2 then both have declared hostile and prosecutrix in her examination-in-chief categorically stated that applicant did not commit rape with her. He further submits that applicant in the present matter is in jail since 20.12.2022 i.e. for more than six months and he is not having any criminal history, therefore, he may be released on bail.

¶11

Per contra, learned AGA opposed the prayer for bail and submitted that during investigation victim made allegation of rape

¶12

against the applicant, who is hardly 14 years of age but could not dispute the fact that during trial victim and informant both have declared hostile.

¶13

I have heard learned counsel for the parties and perused the record of the case.

¶14

Although, during investigation victim alleged that applicant committed rape with her but when informant and victim of the case appeared before the trial court then both have declared hostile and victim of the case in her examination-in-chief stated that applicant did not commit rape with her.

¶15

Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

¶16

Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

¶17

Let the applicant - Shiva @ Shivam be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

¶18

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

¶19

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

¶20

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶21

In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶22

It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

¶23

Order Date :- 19.7.2023 AK Pandey

¶24

Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Shiva @ Shivam v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Shiva @ Shivam v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Arun Vs State of U.P. and 3 Others

Chandrabhan Vs State of U.P.

Yusuf Vs State of U.P.

Pawan Vs State of U.P. and Another

Bablu Bind Vs State of U.P. and 3 Others

Santram Vs State of U.P.