Allowed

Alisher @ Sheru v. State of U.P. and 3 Others

Allahabad HC11 Dec 2023BAIL/47941/2023

Case brief

AI extract

What is this about?

High Court allowed bail to the applicant charged with rape of a minor and offences under IPC and POCSO Act. The court considered pre-trial bail requirements, overcrowding in jails, and cited Satendra Kumar Antil judgment while imposing strict conditions to prevent tampering with evidence.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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

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Neutral Citation No. - 2023:AHC:234310

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47941 of 2023

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Applicant :- Alisher @ Sheru Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.,Gunjan Sharma

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Hon'ble Siddharth,J.

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List has been revised.

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Rejoinder affidavit filed today is taken on record.

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Heard learned counsel for the applicant; Mrs. Gunjan Sharma, learned counsel for High Court Legal Services Committee; learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Alisher @ Sheru, with a prayer to release him on bail in Case Crime No. 217 of 2023, under Sections 323, 376 IPC and 5M/6 POCSO Act, Police Station Gambhirpur, District- Azamgarh, during pendency of trial.

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There are allegations against the applicant of committing the offence of rape of a minor girl, causing hurt and offence under Section 5M/6 POCSO Act.

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Learned counsel for the applicant has submitted that from the statement of the informant, it is clear that applicant has been implicated on the allegation of committing the offence of attempt to rape of a minor girl, aged about 8 years. The applicant has been falsely implicated in this case on account of village politics. He has no criminal history to his credit and is languishing in jail since 4.7.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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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 deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I.

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& Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 with the following conditions that :-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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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 when 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 as directed by the Court. 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 misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of 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 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 :- 11.12.2023 Ruchi Agrahari

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Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad

Alisher @ Sheru v. State of U.P. and 3 Others

Case brief

What is this about?

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Alisher @ Sheru v. State of U.P. and 3 Others

Case brief

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