Allowed¶18

Manisha v. State of U.P. and 3 Others

Allahabad HC19 Apr 2023BAIL/56515/2022

Case brief

AI extract

What is this about?

Manisha v. State of U.P. and 3 Others, Criminal Misc. Bail Application No. 56515 of 2022, High Court of Judicature at Allahabad, decided 19.4.2023 by Dr. Gautam Chowdhary, J. Bail application under Section 439 CrPC in Case Crime No. 130 of 2022, Sections 376, 120-B IPC and section 5M/6 POCSO Act, P.S. Karanda, District Ghazipur; bail allowed with conditions; counsel: Vinod Kumar Singh Kushwaha for applicant, G.A. for opposite party.

What did the court decide?

Applicant Manisha released on bail in Case Crime No. 130 of 2022 on furnishing a personal bond and two sureties each in the like amount, subject to the conditions imposed by the Court. ¶18

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

What the court decided

AI extract

Outcome

Applicant Manisha released on bail in Case Crime No. 130 of 2022 on furnishing a personal bond and two sureties each in the like amount, subject to the conditions imposed by the Court.

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Issue for consideration

Whether the applicant Manisha, in custody in Case Crime No. 130 of 2022 (Sections 376, 120-B IPC and section 5M/6 POCSO Act), should be enlarged on bail during trial under Section 439 CrPC.

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Court's answer

Taking an overall view of the facts and circumstances, the nature of evidence, and the absence of any convincing material to indicate the possibility of tampering with the evidence, the Court held that the applicant may be enlarged on bail.

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Ratio / Principle

The applicant was directed to 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 concerned.

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Key takeaways

Bail was made subject to conditions: the applicant shall not tamper with prosecution evidence or harm/harass the victim-complainant; shall abide by court orders and attend every date; shall file an undertaking not to seek adjournments when witnesses are present; shall remain present in person at opening of the case, framing of charge and recording of statement under Section 313 CrPC; identity and status of sureties to be verified; breach permits cancellation of bail; and the trial court may make efforts to conclude the trial expeditiously.ratio¶11

Detailed headnote1 paragraphs

Bail under Section 439 CrPC allowed. The Allahabad High Court (Dr. Gautam Chowdhary, J.) enlarged the applicant Manisha on bail during trial in Case Crime No. 130 of 2022 under Sections 376, 120-B IPC and section 5M/6 POCSO Act, registered at P.S.- Karanda, District- Ghazipur. The Court took an overall view of the facts, the nature of evidence, and the absence of any convincing material indicating the possibility of tampering with evidence. The applicant, in jail since 28.07.2022 with no criminal history, was ordered released on a personal bond and two sureties each in the like amount, subject to conditions including non-tampering with prosecution evidence and non-harassment of the victim/complainant, attendance on every date, an undertaking not to seek adjournments when witnesses are present, personal presence at opening of the case, framing of charge and recording of statement under Section 313 CrPC, verification of sureties, and liberty to the court concerned to cancel bail on breach; the trial court was directed to endeavour to conclude the trial expeditiously.

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56515 of 2022

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Applicant :- Manisha Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vinod Kumar Singh Kushwaha Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard Sri Vinod Kumar Singh Kushwaha, learned counsel for the applicant, learned counsel for the State and perused the material on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Manisha, seeking enlargement on bail during trial in connection with Case Crime No. 130 of 2022, under Sections 376, 120-B IPC and section 5M/6 POCSO Act, registered at P.S.- Karanda, District- Ghazipur.

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The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The first information report of the incident has been lodged after the delay of eight days without any plausible explanation. According to medical examination report the age of the victim is 15 years. The applicant and informant of the case is Nanad and Bhabhi. The applicant is divorcee and residing in her mother's house and informant always makes pressure upon the applicant to leave her house and having enmity with the applicant. The statement of witness namely Kamla Devi has been recorded under section 161 Cr.P.C. where she has stated that the victim has love affairs with the applicant. The victim is consenting party with the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon her. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 28.07.2022 having no criminal history, therefore, she may be enlarged on bail.

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Per contra, learned AGA for the State has opposed the prayer for bail.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Manisha, 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 concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under section 174-A I.P.C.

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(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law and the trial court may proceed against her under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed .

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Order Date :- 19.4.2023

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RPD

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Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad

Manisha v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Manisha v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Procedural history

Parties & counsel

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