Allowed

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

Allahabad HC22 May 2023BAIL/2842/2023

Case brief

AI extract

What is this about?

This court granted bail to the applicant in a case involving alleged offences under the POCSO Act and IPC, subject to conditions including the solemnisation of marriage with the victim within a month of release and strict adherence to court attendance requirements.

What did the court decide?

The applicant was ordered to be released on bail subject to furnishing a personal bond and two heavy local sureties, with conditions including solemnisation of marriage within a month of release.

Aakash Vs State of U.P. and 3 Others — Narcotics (NDPS) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:112372

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2842 of 2023

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Applicant :- Aakash Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jai Shanker Malviya Counsel for Opposite Party :- G.A.,Santosh Kumar Gupta

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Hon'ble Dr. Gautam Chowdhary,J.

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When the matter was taken up on 24.04.2023, the co-ordinate Bench of this Court, on the submissions of learned counsel for the applicant, had directed the counsel for the applicant to produce the evidence that the victim is living as wife of the accused and daughter-in-law of his parents in their house, thereafter, the bail application be considered accordingly. Again, when the matter was taken up on 12.05.2023, this Court had directed to file an affidavit of the applicant as well a father of the applicant.

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Today when the matter was taken, learned counsel for the applicant filed second supplementary affidavit sworn by the father of the applicant, annexing therein the affidavit of the applicant, copy of which is annexed as Annexure-SA1 to the affidavit, wherein it has been averred by the applicant that he will solemnise marriage with the victim, in case, he is enlarge on bail by this Court.

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Learned counsel for the applicant has submitted that the applicant is ready to solemnize marriage with the victim and will keep her as his legally wedded wife and will also perform his matrimonial obligations towards her. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 13.11.2022 having no criminal history.

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Sri Santosh Kumar Gupta, learned counsel for the informant has submitted that he has no objection in case, the applicant is release on bail subject to the condition that the applicant will solemnise marriage after releasing from jail.

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Learned A.G.A. too has no objection to the submissions

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advanced by learned counsel for the parties.

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In view of the submissions made by learned counsel for the parties, this Court is of the view, that the applicant may be enlarged on bail subject to the condition that the applicant will solemnise marriage with the victim within a month, after release from jail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, especially statements learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant may be enlarged on bail.

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Let applicant - Aakash involved in Case Crime No.951 of 2022 under Sections 376. 363. 366, 504, 506 I.P.C., and Section 3/4 POCSO Act, Police Station Majhola, District Moradabad, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:

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I. The applicant shall solemnise marriage with the victim within a month from the date of his release from jail and will keep the victim as his legally wedded wife and further will perform his matrimonial obligations towards the victim.

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II. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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III. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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IV. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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V. 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

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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 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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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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Order Date :- 22.5.2023

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S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

Aakash 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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