Allowed

Ghanshyam Das Jaiswal v. State of U.P. and 4 Others

Allahabad HC5 Apr 2023BAIL/8654/2023

Case brief

AI extract

What is this about?

The court allowed the bail application of the applicant accused of offences under IPC and POCSO. The Single Judge considered the lack of corroboration in victim statements and the dispute nature but did not express an opinion on merits while granting bail.

What did the court decide?

Release of applicant on bail on furnishing a personal bond and sureties subject to specified conditions.

Ghanshyam Das Jaiswal Vs State of U.P. and 4… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 87

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8654 of 2023 Applicant :- Ghanshyam Das Jaiswal Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Sameer Shanker,Anjali Singh Counsel for Opposite Party :- G.A.,Ramji Singh Patel

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant Ghanshyam Das Jaiswal with a prayer to release him on bail in Case Crime No.09 of 2023, under Sections 354, 323, 504, 506 I.P.C. read with Section 9/10 POCSO Act, P.S. Sigra, District Varanasi during pendency of the trial.

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It is alleged in the FIR that informant, who is tenant in the house of applicant, has made allegation against his landlord (applicant) that when she came out from bathroom, then suddenly applicant caught her. It is also alleged in the FIR that the applicant misbehaved with the daughter of the informant. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Statement of the victim recorded under sections 161 and 164 Cr.P.C. are not corroborating to each other and not supported the facts narrated in the FIR. It is a dispute between landlord and tenant. Only to harass the applicant and make pressure over him not to vacate from his house, informant has lodged the present FIR. Victim herself refused for medical examination. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 17.01.2023 and in case he is enlarged on bail he will not misuse the liberty of bail.

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Learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant but could not dispute the facts narrated in the FIR.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of

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the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Ghanshyam Das Jaiswal, who is involved in the aforesaid case crime, 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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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 5.4.2023 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Ghanshyam Das Jaiswal v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Ghanshyam Das Jaiswal v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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