Bail application allowed for accused charged under IPC, POCSO and SC/ST Act. Court held trial need not delay accused's release pending verification of complainant's affidavit by Chief Judicial Magistrate.
Applicant released on bail subject to verification of affidavit genuinity by Chief Judicial Magistrate and furnishing personal bond and two sureties.
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Neutral Citation No. - 2023:AHC:161188
Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34849 of 2023
Applicant :- Anoop Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dileep Kumar Shukla,Mohit Singh Counsel for Opposite Party :- G.A.
Hon'ble Vinod Diwakar,J.
to medical report, in which the allegation mentioned in the FIR are not substantiated. Learned counsel has further invited attention of the Court to an affidavit dated 18.07.2023, filed by the complainant, wherein it has been mentioned that no such incident, as alleged in the FIR, has occurred. It is also mentioned in the affidavit that prior to registration of FIR there was a minor scuffle among the children, and because of which confusion has developed, and the same resulted into the registration of FIR against the applicant. The such confusion has been cleared now. The counsel further contends that the applicant has clean antecedents, and he has been languishing in jail since 04.07.2023. If the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
case crime, if the contents of affidavit dated 18.07.2023 are found to be genuine, on his furnishing a personal bond and two sureties each in the like amount to the court's satisfaction, subject to following condition. Further, before issuing the release order, the sureties be verified.
(i). The applicant shall not tamper with the evidence and shall cooperate with the police as required.
(ii). The applicant shall refrain from pressurising the witnesses during the trial.
(iii). The applicant shall cooperate in the trial sincerely without seeking any adjournment.
Order Date :- 9.8.2023 Shafique
Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad
2 issues framed by the court
Whether the accused-applicant is entitled to bail considering the completion of investigation and recording of statement under Section 164 Cr.P.C.
Whether the averments in the complainant's affidavit regarding confusion and lack of incident should be verified by the Chief Judicial Magistrate before granting bail release.
3 provisions across 3 enactments
Anoop
Vinod Diwakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
