Allowed

Akash Rajput v. State of Up

Allahabad HC24 Jul 2024CRLA/1479/2024

Case brief

AI extract

What is this about?

The Court allowed an application for extension of bail under Section 389(1) Cr.P.C. The appellant, acquitted in the trial court under POCSO and IPC charges, was directed to furnish a personal bond and two sureties. The Court also directed the State to explain non-response to a compliance letter.

What did the court decide?

Appellant is enlarged on bail subject to furnishing a personal bond and two sureties with FCISOP deposits.

Akash Rajput vs State of Up — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 1479 of 2024

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Appellant :- Akash Rajput Respondent :- State of U.P. Counsel for Appellant :- Rama Pati Tripathi Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Order on Application u/s 389(1) Cr.P.C

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Heard Sri Rama Pati Tripathi, learned counsel for appellant and learned AGA for the State.

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On previous occasion, learned Additional Government Advocate sought time for seeking instructions and it has been informed that same has been intimated to Police Commissioner, Kanpur Nagar vide correspondence dated 27.07.2024 but the same was unresponded as informed by learned AGA.

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In absence of any specific instructions, no option is left but to consider the matter for seeking bail on behalf of appellant.

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Learned counsel for the appellant submitted that there is a contradiction in the statements recorded by the victim herself under Section 161 and 164 of Cr.P.C and while lodging the FIR, the age of the victim has been mentioned below the age of majority but during trial it has been considered and determined by the learned Court of Special Judge, POCSO Act, Kanpur Nagar that in absence of any strict proof of evidence appellant has been acquitted under Section 3/4 of POCSO Act and maximum sentence of 5 years has been extended under Sections 363, 366, 506, 120B of IPC only.

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Learned counsel for appellant specifically mentioned in the affidavit which has been filed in support of instant appeal that appellant is having no criminal history credited in his favour and he was enlarged on bail during trial and there is hardly any case of misuse of the same.

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Considering the arguments raised by learned counsel for the appellant and in absence of any specific instructions, learned counsel for appellant made out the case for extension of bail in favour of the appellant and the bail application is allowed .

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Let the applicant/appellant - Akash Rajput be enlarged on bail in Special Sessions Trial No. 80 of 2014 (State of U.P. vs. Akash Rajput) arising out of Case Crime no. 453 of 2014, under Sections 363, 366, 506, 120-B IPC, Police Station- Naubasta, DistrictKanpur Nagar on his furnishing personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to deposition of entire amount of fine, if already not deposited.

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As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by court concerned to be kept on the record of this appeal.

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However, the concern of the Court regarding unresponded communication letter dated 27.07.2024 may be taken into consideration by Director General of Police, Uttar Pradesh by way of seeking proper explanation from the Police Commissioner, Kanpur Nagar.

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Registrar (Compliance) is hereby directed to ensure service of this order upon Director General of Police, Uttar Pradesh at Lucknow within 48 hours .

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Order on Appeal

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Admit.

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List in due course.

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Order Date :- 5.8.2024 Shaswat

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Akash Rajput v. State of Up

Case brief

What is this about?

What did the court decide?

Akash Rajput v. State of Up

Case brief

What is this about?

What did the court decide?

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