In Criminal Misc. Bail Application No. 52376 of 2022, the High Court of Judicature at Allahabad allowed the bail application of Mool Chandra, an accused under POCSO and IPC Section 354, noting the case arose from a family dispute with contradictions in prosecution evidence.
Released on bail with a personal bond and two sureties in the like amount.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52376 of 2022
Applicant :- Mool Chandra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Raj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Shri Munne Lal, learned AGA for the State contends that the police authorities in compliance of the directions issued by this Court in Criminal Misc. Bail Application No. 46998 of 2020 (Junaid Vs State of U.P. and another) reported at 2021 (6) ADJ 511 and with a view to implement the provisions of POCSO Act, 2012 read with POCSO Rules, 2020, have served the bail application upon the victim/legal guardian as well as upon the CWC.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 190 of 2022 at Police Station Civil Lines, District Etawah under Sections 354 I.P.C. and Section 7/8 of POCSO Act. The applicant is in jail since 14.05.2022.
The bail application of the applicant was rejected by learned learned trial court on 26.07.2022.
The following arguments made by Shri Raj Kumar Mishra, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Munne Lal learned AGA from the record, entitle the applicant
for grant of bail:
(1). The F.I.R. is a fall out of the family dispute.
(2). The applicant, victim and the informant are the relatives.
(3). There are material contradictions in the F.I.R., statements of the victim under Section 161 Cr.P.C. and Section 164 Cr.P.C. which discredit the prosecution case.
(4). The parents of the victim were present at the house when the alleged incident happened.
(5). Exaggerated allegations were made subsequent to the lodgement of the F.I.R. to fave the failing prosecution.
(6). The applicant does not have any criminal history apart from the instant case.
(7). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Mool Chandra be released on bail in the aforesaid case crime number, on furnishing a
personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 5.1.2023
Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted in a case involving POCSO charges based on family dispute and contradictions in prosecution evidence.
Whether the applicant satisfies the bail conditions regarding tampering with evidence or influencing witnesses.
Colour shows how this judgement treated each authority
Junaid Vs State of U.P. and anotherReferred¶5
Criminal Misc. Bail Application No. 46998 of 2020 (Junaid Vs State of U.P. and another)
2021 (6) ADJ 511Referred¶5
4 provisions across 3 enactments
Mool Chandra
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
