Allowed

Smt Hirdesh @ Hirdesh v. State of U.P. and 3 Others

Allahabad HC11 Apr 2023BAIL/5124/2023

Case brief

AI extract

What is this about?

In a criminal bail application, the court granted bail to the applicant, Smt Hirdesh, charged under IPC Section 506 and the POCSO Act. The court found that the applicant had made out a case considering the nature of the offence and evidence. Bail was allowed with a personal bond and sureties subject to specific conditions.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties subject to specific conditions.

Smt Hirdesh @ Hirdesh Vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 87

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5124 of 2023

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Applicant :- Smt Hirdesh @ Hirdesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Umesh Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No.345 of 2022, under Sections 506 I.P.C. and 16/17 POCSO Act, P.S. Gursarai, District Jhansi, during pendency of trial.

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Learned counsel for the applicant submitted that applicant is lady who has been falsely implicated in the present case. The story narrated in the F.I.R. is unbelievable. In fact loan was advanced in favour of informant and when the same was asked for return, instant present F.I.R. has been lodged. There is no evidence against the applicant to implicate her in the present case. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 05.01.2023 and in case she is enlarged on bail she will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. vehemently opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Smt. Hirdesh @ Hirdesh, who is involved in the aforesaid case crime, be released on bail on her 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.

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1.The applicant shall not tamper with the prosecution evidence

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by intimidating/pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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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Order Date :- 11.4.2023 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Smt Hirdesh @ Hirdesh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt Hirdesh @ Hirdesh 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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