Allowed

Narayan and Another v. State of U.P.and 3 Others

Allahabad HC13 Jan 2023BAIL/53870/2022

Case brief

AI extract

What is this about?

The Court granted bail to the applicants in a criminal trial involving charges under the POCSO Act and SC/ST Act. The Court released them on personal bond and sureties subject to conditions regarding appearance and interference with evidence.

What did the court decide?

The applicants were released on bail on furnishing a personal bond and two sureties each, subject to conditions of appearing in court and not tampering with evidence.

Narayan and Another Vs State of U.P.and 3 Others — Caste Atrocities | Allahabad HC (2023)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53870 of 2022

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Applicant :- Narayan And Another Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Vidya Dhar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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As per office report dated 06.01.2023, notice of this bail application has been personally served upon opposite party no. 2, however, when the case called out no one has appeared on behalf of opposite party no. 2 and nor any counter affidavit has been filed.

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Heard learned counsel for the applicants and Sri Vikas Sahai, learned AGA for the State-opposite party.

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The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicants on bail in Case Crime No. 61 of 2022, under Sections 354-A, 506 I.P.C. and 7/8 of POCSO Act and Section 3(1) da, dha of SC/ST Act, Police Station- Saujana, District- Lalitpur during the pendency of trial.

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It is submitted that the applicants have been falsely implicated in the instant case. The applicants did not act inappropriately with the victim. The victim in her statement under Section 164 Cr.P.C. stated that she went to the shop of the co-accused, Lotan in the afternoon where she was forced for the indecent act and the incident was recorded. However, no video recording was found by the Investigating Officer. The incident is alleged to have occurred at a public place in broad day light. However, there is no public witness to the alleged incident. The allegations of violation of SC/ST Act are general and made to lend colour to the story. The applicants have no criminal history to their credit. The applicants are in jail since 11.10.2022. In case, they are enlarged on bail, they will not misuse the said liberty.

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Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail.

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Let the applicant- Narayan and Arvind , involved in the aforesaid case be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that they:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 13.1.2023 Aditya

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Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Narayan and Another v. State of U.P.and 3 Others

Case brief

What is this about?

What did the court decide?

Narayan and Another 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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