Bail application allowed for applicant Girja charged with offences under IPC 376D, POCSO, and SC/ST Act. Granted bail with a personal bond and sureties subject to standard conditions regarding trial cooperation and prevention of witness tampering.
Applicant released on bail by furnishing a personal bond and two sureties subject to specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:206808
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44431 of 2023
Applicant :- Girja Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Anil Kumar Dubey,Ram Milan Dwivedi Counsel for Opposite Party :- G.A.,Amit Kumar Pandey
Hon'ble Siddharth,J.
Supplementary afÏdavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant; Shri Amit Kumar Pandey, learned counsel for the informant and learned A.G.A for the State.
The submission is that co-accused, Pancham Lal @ Pancha, has already been enlarged on bail vide Criminal Misc. Bail Application No. 37808 of 2023 on 28.8.2023 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail for the reasons given in bail application of coaccused on the ground of parity. The applicant is in jail since 10.4.2023.
On the other hand learned A.G.A. and learned counsel for the informant have opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India, considering the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials 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. The bail application is allowed.
Let the applicant, Girja , involved in Case Crime No. 239 of 2023, under Section 376D IPC, section 5/6 of POCSO Act and section 3(2)5 of SC/ST Act Police Station- Kotwali Nagar District- Banda, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it
shall be a ground for cancellation of bail.
Order Date :- 30.10.2023
Atul kr. sri.
Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail considering the nature of the offence and jail overcrowding.
Whether parity with a co-accused already granted bail is a valid ground for granting bail to the applicant.
What conditions should be imposed on the applicant's bail.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. C.B.I.Distinguished¶10
Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021
5 provisions across 5 enactments
Girja
State Of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
