The Allahabad High Court allowed a bail application under IPC 376 and POCSO due to the prosecution's egregious negligence in producing witnesses and the victim, despite court notices.
Applicant released on bail with personal bond and two sureties of Rs.50,000/- each.
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Neutral Citation No. - 2024:AHC-LKO:51321
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4486 of 2023
Applicant :- Parimal Karmkar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Others Counsel for Applicant :- Suhail Kashif,Sanat Singh Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant, learned AGA and perused the record. None has appeared for respondent no.2 despite notice.
2. The applicant seeks enlargement on bail in FIR No.09 of 2023, under Section 376 IPC & Section 5m/6 of POCSO Act, P.S. Kotwali Nagar, District Barabanki.
3. In terms of the FIR it was alleged that the sister-in-law of the informant aged about 7 years was wronged by the applicant and finger was inserted in the private part of the said victim. The victim was examined medically and small fresh tear was present on the hymen of the victim; bleeding discharge was also present on the examination of the victim.
4. Learned counsel for the applicant argues that the applicant is in custody since 05.01.2023 and the trial is not proceeding.
5. In terms of the said allegation, a report was called by the Court with regard to status of the trial. In terms of the said report, it was stated that cognizance in the matter was taken on 16.03.2023 and charge was framed on 25.08.2023 and thereafter, constant orders were passed for recording of the evidence. It is further recorded that Police Station Kotwali Nagar informed that the victim who was a tenant is not staying in the said home. A similar report was given on earlier occasion also to the effect that the victim appears to have shifted to West Bengal, thus, the victim was not being presented for examination. It further records that despite the letter written to the Superintendent of Police, Barabanki for producing the other witnesses, the prosecution was not producing any witness despite the letter sent to the Superintendent of Police, Barabanki. It was stated that thereafter, the file was transferred to Court No.46 on 29.01.2024 and the matter was fixed on 30.01.2024 when once again none of the witnesses, despite being summoned, are forthcoming for deposition. Similarly, on 13.02.2024 also, none of the prosecution witnesses came for deposition. Although, the allegations in the FIR are primarily
corroborated with the medical on record, however, this Court cannot lose sight of the fact that in terms of the report furnished, the prosecution has shown utter laxity in taking the prosecution forward and despite letters being issued by the trial Court, the Superintendent of Police, Barabanki has shown scant respect for carrying forward the prosecution. Thus, on the ground of the prosecution not prosecuting the applicant with vigilance and prima-facie, finding the conduct of the prosecution as utterly negligent, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.
6. Let the applicant Parimal Karmkar be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.50,000/- each to the satisfaction of 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.
7. Let a copy of this order be sent to Director General of Police, Lucknow to evaluate the conduct of the prosecution as is highlighted from the report dated 15.02.2024 forwarded by District Judge, Barabanki.
Order Date :- 29.7.2024 nishant
Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is liable to be released on bail due to the prosecution's utter negligence and slackness in carrying forward the trial proceedings.
Parimal Karmkar
State of U.P.
Pankaj Bhatia
Nishant Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
