Allowed

Shiva Nand Verma @ Shiva Verma v. State of U.P. Thru. Prin. Secy. Home Secrt. Lko. and 3 Others

Allahabad HC6 Aug 2024/433/2023

Case brief

AI extract

What is this about?

The Court allowed the bail application of the applicant accused of enticement and offences under IPC and POCSO. Relief was granted citing delay in trial due to non-appearance of prosecution witnesses and lack of prior misconduct by the applicant.

What did the court decide?

Allow the bail application. Release the applicant on bail subject to a personal bond and two sureties of Rs. 20,000/- each, complying with specified conditions regarding attendance and non-interferenc

Shiva Nand Verma @ Shiva Verma Vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:53812

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 433 of 2023

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Applicant :- Shiva Nand Verma @ Shiva Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Secrt. Lko. And 3 Others

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Counsel for Applicant :- Uma Shankar Verma,Syed Mohd. Munis Jafari Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard Sri Shashank Harshit Singh holding brief of Sri Syed Mohd. Munis Jafari the counsel for the applicant, learned AGA and perused the record. No one appears for the opposite party no.4 despite notice.

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The accused-applicant seeks bail in Case Crime No.0282 of 2021 under sections 363, 366, 376, 506 IPC and section 5/6 POCSO Act, P.S. Kotwali Nagar, District Faizabad.

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The submission of the counsel for the applicant is that in terms of the FIR, allegations were levelled under sections 363, 366 IPC stating that the applicant had enticed away the daughter of the informant. The FIR was lodged on 04.05.2021 alleging that the daughter of the informant was enticed on 13.04.2021. Subsequently, in the statement under section 164 Cr.P.C., the victim stated that she was taken in a room by the applicant on an E-Rickshaw on the pretext of the applicant saying that they wanted to roam around the city. She also stated that the applicant had proposed to marry her, which was refused by the victim as she was not of marriageable age.

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The counsel for the applicant, in the light of the said allegations, draws my attention to the medical report which did not indicate the presence of any external or internal injury on the private part of the victim. The said medical report is on record. The medical of the victim was done on 06.05.2021. He further draws my attention to the statement of the victim recorded during the trial, as produced by the learned AGA, wherein the victim stated that she had stayed with the applicant in an accommodation for a period of five days. She stated that she was not allowed to go outside the room. On a specific question being asked, the victim stated that as she did not eat anything for the last five days, she did not need to go for answering the call of nature. The said statement of the victim inherently appears to be improbable.

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A report was called by this court with regard to the status of

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trial, wherein it is stated that after the prosecution witnesses were examined, the public prosecutor moved an application for recalling the witness under section 311 Cr.P.C., which was allowed, however, the witness did not appear. Considering the said report, prima-facie the prosecution is delaying the trial as the prosecution witness which is a formal witness is not coming forward despite the application under section 311 Cr.P.C. being allowed.

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Considering the fact that the applicant is in custody since 06.05.2021 and the conduct of the prosecution in not expediting the trial and also considering the mandate of section 35(2) of the POCSO Act, the applicant who has no criminal history is entitled for the bail more so, when there is no material on record to suggest that at this stage the applicant in any way adversely affect the trial. Thus the bail application is allowed.

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Let the applicant Shiva Nand Verma @ Shiva Verma be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(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.

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Order Date :- 6.8.2024 VNP/-

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Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Shiva Nand Verma @ Shiva Verma v. State of U.P. Thru. Prin. Secy. Home Secrt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Shiva Nand Verma @ Shiva Verma v. State of U.P. Thru. Prin. Secy. Home Secrt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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