Allowed

Malkhan v. State of U.P. and 3 Others

Allahabad HC11 Sept 2024CRLA/4866/2024

Case brief

AI extract

What is this about?

Bail application under Section 389(1) Cr.P.C. in a pending criminal appeal under IPC and POCSO sections. The State failed to respond despite opportunities. Bail granted without commenting on merits; ADG Prosecution directed to appear and explain non-response to correspondence.

What did the court decide?

Appellant released on bail on personal bond and two sureties, subject to deposition of fine amount, if not already deposited; appeal listed for final adjudication.

Malkhan vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 4866 of 2024

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Appellant :- Malkhan Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Nagendra Kumar Singh Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Order on Application under Section 389(1) Cr.P.C.

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Heard learned counsel for the appellant-applicant and learned A.G.A. for the State.

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At the very outset, learned counsel for the appellant submitted that inspite of several opportunities, instructions have not been received by learned A.G.A., which is apparent from the order dated 28.08.2024, wherein no more time has been extended on that date and the matter is put up for today.

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Although letter has been sent on dated 31.08.2024 with regard to intimation of the order dated 28.08.2024 to Senior Superintendent of Police, Budaun, but it has been submitted by learned A.G.A. that no response has been received till today in the office of Government Advocate in spite of no more time extended, which is mentioned in the communication.

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Per contra, learned A.G.A. vehemently opposed the prayer as made in the instant application, but could not explain the noncompliance made on behalf of concerned authority.

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In view of the above facts and circumstances and at this stage, without commenting on the merits of the matter, bail application preferred on behalf of the appellant is allowed only on the pretext of non-receiving of instructions by learned A.G.A. Rest of the other grounds shall be subject matter of final adjudication of this appeal.

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Let the applicant-appellant, Malkhan , be released on bail on his furnishing personal bond and two sureties in the like amount to the satisfaction of court concerned in Session Case No.828 of 2021 (State vs. Malkhan) arising out of Case Crime No.225 of 2021, under Sections 354, 323, 504, 506 I.P.C. and Sections 7/8 of POCSO Act, P.S. Islamnagar, District- Budaun, subject to

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deposition of entire amount of fine, if already not deposited.

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As soon as personal bonds 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 record of this appeal.

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Order on Appeal

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Put up this case as fresh on 30.09.2024 .

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Mr. Dipesh Juneja, Additional Director General, Prosecution is hereby directed to appear in person for explaining the irregularities whatsoever are happening in shape of non-responding the correspondence initiated at the behest of office of learned Government Advocate.

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Order Date :- 11.9.2024 Saif

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Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad

Malkhan v. State of U.P. and 3 Others

Case brief

What is this about?

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Malkhan v. State of U.P. and 3 Others

Case brief

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