Allowed
Chandra Kiran v. State of U.P. and 3 Others
Allahabad HCBAIL/57105/2022
Case brief
from the order text
What is this about?
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
What the court decided
AI extract
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57105 of 2022
Applicant :- Chandra Kiran Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shashi Kant Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
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.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.1122 of 2021 at Police Station-Kotwali Nagar, DistrictBulandshahar under Sections 363, 366A, 342, 323, 325, 120B I.P.C. and Section 16/17 of POCSO Act. The applicant is in jail since 10.07.2022.
The bail application of the applicant was rejected by the learned trial court on 14.09.2022.
The following arguments made by Shri Shashi Kant Mishra, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri G. S.
Chauhan, learned counsel for the informant and Shri Chandan Agrawal, learned AGA from the record, entitle the applicant for grant of bail:
(1). The F.I.R. is a result of a relationship between the applicant's brother Amit and the victim gone awry and also the opposition of the victim's parents to the said relationship.
(2). The victim was falsely depicted as a minor in the FIR only to implicate the applicant under the stringent provisions of the POCSO Act and cause his imprisonment.
(3). The victim is infact a major. Medical examination to determine the correct age of the victim as per the latest scientific medical protocol by eminent doctors from a reputed institution was not got done by the prosecution as it would falsify the prosecution case.
(4). The victim in her statement under Section 164 Cr.P.C. has admitted to a relationship with the applicant's brother Amit. She has also asserted that she left her house of her own volition.
(5). The victim was admittedly present at various public places with the principal offender Amit but raised no alarm. She was a consenting party.
(6). No allegation of abduction or inappropriate behaviour has been made against the applicant.
(7). The applicant does not have any criminal history
apart from this case.
(8). The applicant claims congruency in role and seeks parity in relief granted to the co-accused who has been enlarged on bail by this Court by order dated 18.11.2021 in Criminal Misc. Bail Application No. 38235 of 2021.
(9). 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- Chandra Kiran 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 :- 23.1.2023 Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant accused under POCSO Act and IPC sections in view of the charges and circumstances.
Whether the applicant is entitled to bail on grounds of parity with a co-accused.
Chandra Kiran
State Of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court