Allowed

Lal Singh v. State of U.P. and 3 Others

Allahabad HC24 Jan 2023BAIL/54989/2022

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application wherein the Court, after considering the submissions and not expressing an opinion on merits, allowed the bail prayer for an accused charged under various sections of IPC and POCSO Act subject to bond and conditions.

What did the court decide?

Applicant Lal Singh released on bail with personal bond and two sureties subject to under-trial conditions.

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

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54989 of 2022

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Applicant :- Lal Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mool Chandra Maurya Counsel for Opposite Party :- G.A.,Raj Kumar Singh

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant; learned counsel for the informant and 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 him on bail in Case Crime No.0107 of 2022, under Sections 147, 452, 354, 354 (B), 323, 504, 506 I.P.C. and Section 7/8 Protection of Children From Sexual Offences Act, P.S. Rijor, District Etah, during pendency of the trial.

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Instant F.I.R. has been lodged through application under Section 156 (3) Cr.P.C. alleging that accused persons entered into the house of informant and assaulted the daughter of informant and misbehaved with her.

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Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case. Medical examination report does not corroborate the contents of F.I.R. Further submission is that earlier the applicant and informant were involved in a dispute in which they were challaned and both the parties were released on personal bond.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 20.10.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. and counsel for the informant vehemently opposed the bail prayer of the applicant but could not dispute injury report annexed with the bail application.

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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

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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, Lal Singh, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence 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 :- 24.1.2023 Meenu Singh

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

Lal Singh v. State of U.P. and 3 Others

Case brief

What is this about?

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Lal Singh v. State of U.P. and 3 Others

Case brief

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