In a bail application under Section 439 Cr.P.C., the High Court, despite not deciding merits, granted bail to the applicant cited in a POCSO and SC/ST case, ordering release on a personal bond and sureties with standard conditions.
Release on bail via personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59492 of 2022
Applicant :- Akhilesh Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A.,Anil Kumar
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant, Sri Anil Kumar, learned counsel for the informant and Sri Vikas Sahai, learned AGA for the State-opposite party.
The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 231 of 2022, under Sections 354-Kha, 323, 504, 506 I.P.C. and Section 8 of Protection of Children From Sexual Offences Act, 2012 and Section 3 (1) (da), 3(1) (dha), 3 (1) (w), 3 (2) Va of SC/ST Act, Police Station- Binwar, DistrictHamirpur during the pendency of trial.
It is contended that the applicant has been falsely implicated in the instant case owing to other disputes between the parties. The incident is alleged to have occurred on 03.10.2022. The first information report was lodged on 08.10.2022. The delay is fatal to the prosecution case. It is next contended that there are contradictions in the first information report and statement of the victim under Section 161 Cr.P.C. on the one hand and under Section 164 Cr.P.C. on the other hand. In the statement under Section 161 Cr.P.C., no allegation of inappropriate behaviour has been made by the victim against the applicant, however, in her statement under Section 164 Cr.P.C., an entirely different version has been narrated. The material charges have been made in the statement under Section 164 Cr.P.C. to aggravate the offence and save the failing prosecution case. The allegations of violation of SC/ST Act are general in nature and are made to lend colour to the prosecution story. The applicant has no criminal history to his credit. The applicant is in jail since 20.10.2022 and in case he is enlarged on bail, he will not misuse the said liberty.
Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the
applicant is entitled to be enlarged on bail.
Let the applicant- Akhilesh Kumar involved in aforesaid case 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 the conditions that he:
(iii) shall not pressurize the prosecution witnesses;
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 30.1.2023
Aditya
Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant accused under POCSO and SC/ST Act is entitled to bail.
Whether contradictions in victim's statements and delay in FIR justify bail.
3 provisions across 3 enactments
Akhilesh Kumar
Aditya Kushwaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
