Allowed

Siyaram v. State of U.P. Thru. Secy. Home Deptt. Lko. and 3 Others

Allahabad HC23 Feb 2024BAIL/2077/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Siyaram, noting the victim's hostile turn in trial, denial of prosecution case, lack of physical injury, and expressed wish by complainant not to prosecute. Bail granted with sureties and specific conditions.

What did the court decide?

Applicant enlarged on bail furnishing personal bond and two sureties each with specific conditions.

Siyaram vs State of U.P. Thru. Secy. Home… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:19309

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2077 of 2024

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Applicant :- Siyaram

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Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Anil Kumar Tripathi Counsel for Opposite Party :- G.A.,Ajitanshu Tripathi

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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Learned counsel for the applicant submits that the victim has been examined before the trial court. She has been declared hostile. She has denied the prosecution case as well as her statement under Section 161 and 164 Cr.P.C. before the trial court. During the medical examination, no injury or any other corroborative material has been found in support of the prosecution case. There is no chance of tampering the evidence.

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It is further submitted that the applicant is languishing in jail since 14.01.2023. He has explained his criminal history in para 23 of the bail application. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned AGA has opposed the bail application.

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Learned counsel for the complainant has submitted that he does not want to prosecute the applicant.

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On due consideration to the fact that the victim has turned hostile; she has been examined before the trial court as well as considering the statement of learned counsel for the

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complainant, coupled with the fact that the applicant is languishing in jail since 14.01.2023 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed.

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Let the applicant, Siyaram, involved in Case Crime/FIR No. 21/2023, under Sections 363/366/376 IPC and Section 5L/6 of POCSO Act, Police Station - Atrauli, 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:-

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

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

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(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.

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(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.

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(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.

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(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.

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Order Date :- 1.3.2024/R.C.

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

Siyaram v. State of U.P. Thru. Secy. Home Deptt. Lko. and 3 Others

Case brief

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Siyaram v. State of U.P. Thru. Secy. Home Deptt. Lko. and 3 Others

Case brief

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