Allowed

Tara Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Allahabad HC26 Feb 2024BAIL/52/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Tara Singh accused under Sections 363, 366, 376 IPC and POCSO. The Court found it a fit case for bail considering the victim's statements suggest consent, lack of corroborative medical evidence, and absence of criminal history for the applicant. Bail conditions imposed to ensure court appearance and prevent witness intimidation.

What did the court decide?

Released on bail subject to furnishing a personal bond and two reliable sureties with conditions regarding court appearance and non-interference.

Tara Singh vs State of U.P. Thru. Prin… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:17449

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52 of 2024

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

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Hon'ble Karunesh Singh Pawar,J.

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Counter Affidavit filed by learned A.G.A. is taken on record.

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

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.94 of 2023, under Section 363, 366, 376(3) Indian Penal Code and Section 3/4(2) POCSO Act, Police Station Sampurnanagar, District Lakhimpur Kheri.

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Learned counsel for the applicant submits that as per the statements of the victim under Section 161 Cr.P.C. and 164 Cr.P.C. she is consenting party. She traveled with the applicant right up to Gujarat and there she married with the applicant. No corroborative medical report has come in favour of the prosecution. The applicant is in jail since 6.7.2023. There is no other corroborative material. The age of the victim as per the radiological

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examination has been found to be 18-20 years. He has relied upon the judgement of this Court dated 9.2.2023 passed in CRIMINAL MISC. BAIL APPLICATION No. - 55026 of 2021 Monish vs. State and has submitted that the age of the victim is to be determined only in the trial.

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Learned A.G.A. has opposed the bail prayer, however, could not dispute the aforesaid facts.

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On due consideration to the submissions advanced, perusal of the record as also the facts that the applicant has no criminal history; period of incarceration gone into by the applicant, statement of the victim under Section 161 Cr.P.C. and Section 164 Cr.P.C. and lack of corroborative material in the prosecution case and without expressing any opinion on 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. Let the applicant Tara Singh 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:

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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 :- 26.2.2024

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Madhu

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Tara Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Case brief

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Tara Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Case brief

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What did the court decide?

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