Allowed

Veeru @ Dharmendra Mishra v. State of U.P. Thru. Secy. Deptt. of Home Lko. and 3 Others

Allahabad HC5 Jan 2024/6601/2023

Case brief

AI extract

What is this about?

This court disposed of a bail application filed by the accused in a case involving sexual offences under IPC and POCSO. After hearing counsel and observing the victim, the court found it a fit case for bail, releasing the applicant on personal and surety bonds with strict conditions.

What did the court decide?

Accused released on bail in Crime No.11 of 2023 subject to personal bond, two sureties, and specific conditions to prevent tampering and ensure court presence.

Veeru @ Dharmendra Mishra Vs State of U.P. Thru. Secy… — Bail and Remand | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:1329

¶2

Court No. - 14

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6601 of 2023

¶4

Applicant :- Veeru @ Dharmendra Mishra Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A.

¶5

Hon'ble Karunesh Singh Pawar,J.

¶6

Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

¶7

Notices have been served to the complainant however, none appears.

¶8

The present bail application has been filed by accused-applicant seeking bail in Case Crime No.11 of 2023, under Section 376 I.P.C. and Section 3/4 POCSO Act, P.S. Mahrajganj Tarai, District Balrampur.

¶9

In compliance of the earlier order dated 12.12.2023 passed by a Co-ordinate Bench of this Court, the prosecutrix has been produced before this Court by Sri Ajay Kumar Giri, Sub Inspector along with Ms. Pooja, Lady Constable.

¶10

Learned counsel for applicant submits that victim is major both as per educational record where her age has been found as 18 years 4 months and 14 days and as per the ossification test where she has been found to be major. In the statement under Section 164 Cr.P.C. she has not supported the prosecution case and has stated that she on her own accord and free will went away with the applicant. Likewise, under Section 161 Cr.P.C. again she has stated that she went away with the applicant after being annoyed with her step-mother and resided with the applicant. She has refused to undergo the medical examination. He submits that the applicant is in jail since 29.01.2023.

¶11

Learned A.G.A. has opposed the bail prayer.

¶12

On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 29.01.2023, statement of the victim under Sections 161 & 164 Cr.P.C., age of the victim, without expressing any opinion on merits of the case I find it to be a fit case for enlarging the

¶13

applicant on bail.

¶14

Accordingly, the bail application is allowed .

¶15

Let the applicant Veeru @ Dharmendra Mishra be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

¶16

(i) The applicant will not tamper with the evidence during the trial.

¶17

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

¶18

(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.

¶19

(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.

¶20

(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.

¶21

(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.

¶22

Order Date :- 5.1.2024 Saurabh Yadav/-

¶23

Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Veeru @ Dharmendra Mishra v. State of U.P. Thru. Secy. Deptt. of Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Veeru @ Dharmendra Mishra v. State of U.P. Thru. Secy. Deptt. of Home 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

Coram

Case details

Similar cases

Sonu Kumar Vs State of U.P Thru. Prin. Secy. Home

Kuldeep Yadav Vs State of U.P. Thru. Secy. Home Lko.

Ishityaqk @ Manne Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

Arun Kumar Vs State of U.P. Thru. Prin.Secy. Deptt. of Home and 3 Others

Mohd. Sohel Vs State of U.P. Thru. Addl. Chief Secy. Lko.

Ramveer Vs State of U.P. Thru. Prin. Secy. Home Civil Secrett. U.P. Lko.