Dismissed

Bhaiyalal v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Allahabad HC5 Sept 2024BAILC/117/2024

Case brief

AI extract

What is this about?

In a bail cancellation application filed by the informant under Section 483(3) of the B.N.S.S., the single judge examined allegations that the accused, granted bail in a POCPO case, violated bail conditions by committing another offence. The court noted that a final investigation report was submitted finding no case against the accused. Relying on this report which negated the grounds for cancella

What did the court decide?

Rejection of the bail cancellation application moved by the informant against the respondent accused.

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

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Neutral Citation No. - 2024:AHC-LKO:65390

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 117 of 2024

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Applicant :- Bhaiyalal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Rahul Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Supplementary affidavit, filed by learned counsel for the applicant, is taken on record.

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

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The instant bail cancellation application has been moved by the informant of this case, namely, Bhaiyalal under Section 483(3) of the B.N.S.S. requesting to cancel the bail granted to the respondent no.2/accused- Rishi by this Court, vide order dated 18.11.2023 passed in Criminal Misc. Bail Application No. 10882 of 2023, Case Crime No. 0116 of 2023 pertaining to Sections 363, 366, 376 I.P.C. and Section 3/4(2) of the POCSO Act, 2012, related to Police Station Auras, District Unnao.

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Learned counsel for the applicant/informant, submits that the bail granted to the respondent no.2/accused be cancelled on the ground that he has violated condition no.3 of the order dated 18.11.2023 and has indulged himself in another criminal activity. Elaborating further, it is submitted that the respondent no.2/accused after released on bail has again abducted the prosecutrix with regard to which an F.I.R. on 21.11.2023 was lodged by the father of the prosecutrix, which was registered as Case Crime No. 486 of 2023, under Section 363 and 366 I.P.C., Police Station Ghazipur, District Lucknow North against the respondent no.2/accused and six other accused persons.

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It is further submitted that the facts of that F.I.R. were not investigated in right perspective and a 'final report' has now been submitted by the investigating officer. However, it is evident that the respondent no.2/accused has misused the facility of bail and also violated the condition under which his liberty was protected and, therefore, the bail granted to the

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respondent no.2/accused vide order dated 18.11.2023.

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Learned A.G.A. on the other hand submits that it would be for this Court to take a decision in this matter.

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Having heard learned counsel for the parties and having perused the record and keeping in view the order intended to the passed, the service of notice on respondent no.2/accused is hereby dispensed with on the ground that there are certain material facts, emerging out of the record, which are admitted to the parties. It is evident that the cancellation of bail granted by this Court to respondent no.2 vide order dated 18.11.2023 has been requested to be cancelled on account of the fact that condition no. (iii) of the said order in terms that the applicant shall not indulge in any other criminal activity, has been violated and he has committed another offence pertaining to which an F.I.R. under Section 363 and 366 I.P.C. has been lodged by the informant/applicant against respondent no.2/accused and his family members. It is however admitted that after investigation of the allegations of the said F.I.R., a 'final report/closure report' has now been submitted by the investigating officer. The copy of the 'final report' submitted by the investigating officer under Section 193 of B.N.S.S. would evidently reveal that the F.R. has been submitted by the investigating officer as the prosecutrix after recovery did not allege any allegation against anyone and has stated in her statement recorded under Section 161 and 164 Cr.P.C. that she herself had gone to Rajasthan. The submission of 'closure report/final report', thus would itself negate the basis on account of which the cancellation of bail of the respondent no.2/accused has been requested.

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Thus, primafacie as of now it is reflected that the respondent no.2/accused- Rishi @ Rishi Kashyap has not committed any offence after grant of bail in the instant case. Therefore, the bail cancellation application moved by the informant/applicant- Bhaiyalal is, hereby, rejected.

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A copy of this order be immediately sent to the trial court for information.

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Order Date :- 21.9.2024 Praveen

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Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Bhaiyalal v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Case brief

What is this about?

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Bhaiyalal v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Case brief

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What did the court decide?

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