Allowed

Jhandu @ Rishipal v. State of U.P. and 3 Others

Allahabad HC11 Jan 2023BAIL/54012/2022

Case brief

AI extract

What is this about?

This order grants bail to the applicant, Jhandu @ Rishipal, in a session trial involving sections of the IPC and POCSO Act. The High Court allowed the application without observing on the merits, releasing the applicant on personal bond and sureties with standard conditions.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two sureties each on terms not to tamper with evidence or influence witnesses.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54012 of 2022

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Applicant :- Jhandu @ Rishipal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Awadhesh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Shri Chandan Agrawal, 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.

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By means of the the bail application the applicant has prayed to be enlarged on bail in Session Trial No.909 of 2021 at Police Station-Zarif Nagar, District-Budaun under Sections 377, 120B I.P.C. and Section 3/4 of POCSO Act. The applicant is in jail since 21.10.2022.

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The bail application of the applicant was rejected by the learned trial court on 05.11.2022.

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The following arguments made by Shri Awadhesh Kumar Pandey, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal, learned AGA from the record,

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entitle the applicant for grant of bail:

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(1). Delay in lodgement of the proceedings under Section 156(3) Cr.P.C. in the facts and circumstances of this case is fatal to the prosecution case.

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(2). The applicant cannot bind down the victim as he is a physically disabled person suffering 65% disability.

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(3). No allegation of commission of sexual acts has been made against the applicant.

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(4). The principal offender Vijay has been identified as the person who committed the sexual acts with the victim.

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(5). The applicant does not have any criminal history apart from the instant case.

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(6). 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.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Jhandu @ Rishipal be released on bail in the aforesaid case crime number, on furnishing a

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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:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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Order Date :- 11.1.2023 Dhananjai

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Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad

Jhandu @ Rishipal v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Jhandu @ Rishipal 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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