Allowed

Mangal Bind v. State of U.P. and 3 Others

Allahabad HC13 Sept 2023BAIL/39906/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by an accused in a case alleging sexual assault and insult, observing that the applicant has made out a case for bail considering the contradictions in the victim's statement.

What did the court decide?

Release on bail by furnishing a personal bond and two heavy local sureties each of like amount subject to specific conditions.

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

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Neutral Citation No. - 2023:AHC:177285

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39906 of 2023

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Applicant :- Mangal Bind Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kalp Dev Mishra,Awashesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Lawyers are abstaining from work. However, I have gone through the record along with learned A.G.A. for the State.

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It has been averred in the present bail application that the applicant is innocent and has been falsely implicated in the present case. The victim, who is aged about 17 years has stated in her statement recorded under Section 161 Cr.P.C. that she has called the applicant at her house, however, the friend of applicant namely, Sunil also came with the applicant at her house and she has made physical relation with out of her consent, thereafter the co-accused Sunil has also committed wrong and when she raised alarm, then her sister-in-law (Bhabhi) came and both of them ran away. Likewise, in the same manner, the victim has also stated in her statement recorded under Section 164 Cr.P.C. The victim in her Majeed (subsequent) statement has stated that only the applicant was present in the alleged incident. There are material contradictions in the statements of the victim. It has been thus averred that in fact, the victim is a consenting party and when the Bhabhi of the victim has entered into her room, the applicant has been falsely implicated in the present case. Several other averments have been made in the bail application in order to demonstrate the falsity of the allegations made against the

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applicant have also been placed before the Court. The circumstances which, according to the averments, led to the false implication of the accused have also been mentioned. 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. The applicant is languishing in jail since 06.01.2023 having no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.

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Considering the entire facts and circumstances of the case, averments made on behalf of the applicant in the instant bail application, 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 has made out a case for bail. Hence the bail application is allowed.

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Let applicant Mangal Bind involved in Case Crime No.255 of 2022 under Sections 376D, 504, 506, 452 I.P.C., Section 3/4 of POCSO Act, Section 3 (2) (V), 3 (1) (Da) (Dha) of SC/ST Act, Police Station Nandganj, District Ghazipur, 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 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,

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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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II. 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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III. 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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IV. 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 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. Order Date :- 13.9.2023 S.Ali

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

Mangal Bind v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Mangal Bind v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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