Bail application allowed for an applicant accused of offences under IPC and POCSO involving a minor, noting lack of alleged rape and no criminal history despite mixed victim statements.
Released on bail on furnishing a personal bond and two sureties each in like amount with specific conditions.
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Neutral Citation No. - 2024:AHC-LKO:11960
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 338 of 2024
Applicant :- Sundram Alias Namo Narayan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And 3 Others
Counsel for Applicant :- Bhupendra Veer Singh,Vijay Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.None appears for the complainant although notice has been served.
2. It is alleged in the prosecution case that on 18.9.2023 at about 3.30 p.m., minor daughter of the informant went to field, then the applicant took her inside the field and molested her. She is seven years old. Upon resistance being made by him, he, the accused applicant ran away.
3. It is submitted on behalf of the applicant that the victim in her statement under section 161 CrPC has not alleged rape against the applicant. In the medico legal examination, no injury has been found. While giving statement under section 164 CrPC, again improvement has been made by the victim and attempt to rape has been alleged. Still there is no allegation of rape.
The applicant has no previous criminal history. The applicant is in jail since 24.9.2023.
It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
4. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
5. Considering the facts and circumstances of the case, statements of the prosecutrix under sections 161 and 164 CrPc, medical examination report and the fact that the applicant has
no criminal history, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.
6. Let the applicant Sundram alias Namo Narayan, involved in Case Crime No.403 of 2023 under sections 354, 354-B, 376, 511 I.P.C., 9(M), 10/18 of POCSO Act, P.S. Kasimpur, district Hardoi, 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 with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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.
(iv) 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.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) 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.
7. The application is allowed accordingly.
Order Date :- 9.2.2024 kkb/
Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is eligible for bail considering the nature of the charges and lack of medical injuries.
5 provisions across 3 enactments
Sundram Alias Namo Narayan
State Of U.P.
Karunesh Singh Pawar
Krishna Kumar Baranwal
As recorded by the court registry
4 orders share this CNR
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