Allowed

Sechan Lal Bind v. State of U.P. and 3 Others

Allahabad HC4 Dec 2023BAIL/58214/2022

Case brief

AI extract

What is this about?

High Court of Judicature at Allahabad granted bail to the accused in a rape of a minor case, citing overcrowding in jails and lack of corroboration. The court directed the trial court to conclude the trial within one year.

What did the court decide?

Bail granted subject to personal bond, sureties, and specific conditions regarding attendance and trial procedure. Trial concluded within one year.

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

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Neutral Citation No. - 2023:AHC:229453

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58214 of 2022

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Applicant :- Sechan Lal Bind Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Chandra Shekhar Pandey,Ashok Malaviya Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A for the State.

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There is allegation against the applicant of committing the offence of rape of a minor girl belongs to schedule caste.

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Counsel for the applicant submits that the victim is although aged about 8 years but it is a case of false implication. The medical examination of the victim was not conducted. As per the status report of the trial court, three prosecution witnesses which includes the informant, victim and the doctor have been examined. There are seven more prosecution witnesses to be examined which will take time. There is no corroborative medical evidence to substantiate the allegation made against the applicant.

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Counsel for the applicant also submits that initially FIR was lodged under Section 354-B IPC only. False implication of the applicant was subsequently made by way of implication under Section 376-AB IPC. The applicant is in jail since 07.10.2022 and has no criminal history to his credit.

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On the other hand learned A.G.A has opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court

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in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 ; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, 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, Sechan Lal Bind, involved in Case Crime No. 107 of 2022, under Sections- 376AB IPC and Section 5M/6 of POCSO Act, Section 3(2)(v) of SC/ST Act, Police StationMuirpur, District- Sonbhadra, 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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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) 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. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.

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(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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 him in accordance with law.

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In case, of breach of any of the above conditions, it shall be a

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ground for cancellation of bail.

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Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Trial court is directed to conclude the trial of the applicant as expeditiously as possible preferably within a period of one year.

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Registrar (compliance) is directed to communicate this order to the trial Court for necessary compliance within ten days.

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Order Date :- 4.12.2023 Rohit

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Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad

Sechan Lal Bind v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Sechan Lal Bind v. State of U.P. and 3 Others

Case brief

What is this about?

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