In a bail application regarding allegations of sexual misconduct and assault under IPC Sections 323, 504, and 354-B, the court granted bail to the accused after considering the nature of the offence and the duration of custody.
The applicant was released on bail by furnishing personal bond and two sureties of Rs. 25,000/- each.
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.
Neutral Citation No. - 2023:AHC:161137
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59706 of 2022
Applicant :- Santram Shrivas Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2 . The FIR in question was lodged alleging that the informant was 18 years of age and on 20.05.2022 at about 11 p.m., the father of the informant, the present applicant misbehaved with her after removing her clothes.
3 . It is argued that the applicant is in custody since 01.06.2022 and the trial is not being concluded expeditiously.
4. Learned A.G.A. vehemently opposed the bail prayer.
5. Considering the offence alleged against the applicant and the same being punishable for term less than seven years and the applicant has already spent more one year in custody, there being nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.
6. Accordingly, the bail application is allowed .
7. Let the applicant Santram Shrivas be released on bail in FIR/ Case Crime No. 196 of 2022, under Sections 323, 504, 354-B IPC, P.S. Premnagar, District Jhansi, on his furnishing personal bonds and two reliable sureties of Rs. 25,000/- each to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 9.8.2023 S.A.
Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a non-bailable offence involving IPC Sections 323, 504, and 354-B.
1 provisions across 1 enactments
Santram Shrivas
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
