In a bail application under Sections 363, 363, 376 IPC and POCSO, the High Court allowed bail, noting the applicant had no prior criminal history and the prosecutrix was pregnant and living with in-laws without grievance.
Applicant Vipin released on bail with personal bond and two sureties based on furnishing undertaking.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:72586
Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11243 of 2024
Applicant :- Vipin Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Rajesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Singh Chauhan,J.
bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail.
(i) 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.
(ii) 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.
(iii) 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.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(v) The applicant shall not leave India without previous permission of the court.
(Rajesh Singh Chauhan,J.)
Order Date :- 24.10.2024 (Manoj K.)
Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is eligible for bail considering his criminal history and the facts of the underlying case.
Whether the prosecutrix's grievance against the applicant affects the grant of bail.
4 provisions across 2 enactments
Vipin
State Of U.P. Thru. Prin. Secy. Home Lko.
3 Others
Rajesh Singh Chauhan
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
