The High Court granted bail to the applicant in a criminal appeal involving serious charges under IPC and POCSO. The court was satisfied that the applicant is not at risk of fleeing or tampering with evidence.
The applicant was released on bail by furnishing a personal bond with two reliable sureties in the like amount.
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:37989
Court No. - 21
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4288 of 2024
Applicant :- Rahul Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Tufail Ahmad,Santosh Kumar Kanaujia Counsel for Opposite Party :- G.A.
Hon'ble Jaspreet Singh,J.
the applicant Rahul for about 2 years. The allegation that she was kept in captivity is most incredible.
the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released 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.
Order Date :- 17.5.2024 ank
Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the applicant is entitled to be released on bail in a case involving grave charges including rape and offences against children.
Whether the allegations of false implication and doubts regarding the victim's residence support the granting of bail at the current stage.
Whether the smartphone of the applicant should be released on bail subject to conditions.
Colour shows how this judgement treated each authority
nullReferred
3 provisions across 2 enactments
Rahul
State Of U.P.
Jaspreet Singh
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
