Ajay Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and 3 Others
Case brief
What is this about?
Bail granted; third bail application; prolonged pretrial detention of almost 3.5 years (custody since 26.12.2019); non-compliance with Section 35(2) POCSO Act mandate; violation of right to speedy trial under Article 21, Constitution of India; FIR No.1258 of 2019 under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act; P.S. Chinhat, District Lucknow; medical officer examined on direction dated 18.03.2024, cross-examination pending; no definite opinion on sexual assault; inconsistencies between Section 164 Cr.P.C. statement and trial testimony; no criminal antecedents argued; personal bond with two sureties of Rs.20,000/- each; earlier rejections dated 25.06.2021 and 12.09.2022; CRIMINAL MISC. BAIL APPLICATION No. 2963 of 2024; High Court of Judicature at Allahabad, Lucknow Bench; Pankaj Bhatia, J.; order dated 9.4.2024; Neutral Citation 2024:AHC-LKO:28629.
What did the court decide?
Applicant Ajay Yadav to be released on bail in FIR No.1258 of 2019 on furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of the court concerned, subject to conditions: (a) execute a bond undertaking to attend hearings; (b) not commit any offence similar to the offence of which he is accused or suspected; (c) 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 any police officer or tamper with the evidence.