Allowed¶12

Atar Singh v. State of U.P. and 3 Others

Allahabad HC18 Apr 2025BAIL/8888/2025

Case brief

AI extract

What is this about?

Atar Singh v. State of U.P.; CRIMINAL MISC. BAIL APPLICATION No. 8888 of 2025; Allahabad High Court; Siddharth, J.; order dated 18.4.2025; bail granted on parity; Case Crime No. 26 of 2021; Sections 323, 354A, 427, 452, 504, 506, 34 & 325 IPC; 7/8 POCSO Act; Police Station Amrahat; District Kanpur Dehat; in jail since 23.01.2025; co-accused Ramsevak and Vishwnath; Bail Applications Nos. 25201 and 27624 of 2024; Section 229-A IPC; Section 174-A IPC; Section 82 Cr.P.C.; Section 313 Cr.P.C.; personal bond; two sureties; neutral citation 2025:AHC:57602.

What did the court decide?

Bail granted: applicant Atar Singh to be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned, subject to the conditions set out in paras 13 to 19 of the judgment. ¶12

Atar Singh vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether applicant Atar Singh, involved in Case Crime No. 26 of 2021 under Sections 323, 354A, 427, 452, 504, 506, 34 & 325 IPC and 7/8 POCSO Act (Police Station Amrahat, District Kanpur Dehat), in jail since 23.01.2025, is entitled to be enlarged on bail during the trial on the ground of parity with co-accused Ramsevak and Vishwnath who have already been enlarged on bail.

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Court's answer

The applicant has made out a case for grant of bail on the ground of parity, his role being identical to that of co-accused Ramsevak and Vishwnath who have already been enlarged on bail.

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Ratio / Principle

The applicant is to be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions including: no tampering with evidence or threatening witnesses; no adjournment-seeking when witnesses are present; presence before the Trial Court on each fixed date (default punishable under Section 229-A IPC); consequences of misuse of bail liberty including proclamation under Section 82 Cr.P.C. and proceedings under Section 174-A IPC; mandatory personal presence at opening of case, framing of charge and recording of statement under Section 313 Cr.P.C.; breach of conditions to be a ground for cancellation of bail; identity and residence proof of applicant and sureties to be verified before bonds are accepted.

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Detailed headnote1 paragraphs

Allahabad High Court (Siddharth, J.) grants regular bail during trial to applicant Atar Singh, an accused in Case Crime No. 26 of 2021 under Sections 323, 354A, 427, 452, 504, 506, 34 & 325 IPC and 7/8 POCSO Act, Police Station Amrahat, District Kanpur Dehat, in judicial custody since 23.01.2025, solely on the ground of parity: the applicant's role is identical to that of co-accused Ramsevak and Vishwnath, already enlarged on bail by this Court by orders dated 15.04.2025 in Criminal Misc. Bail Applications Nos. 25201 and 27624 of 2024. Release ordered on personal bond with two sureties each in the like amount, subject to conditions covering non-tampering with evidence/witnesses, no adjournment-seeking, attendance before the Trial Court (with reference to Section 229-A IPC), consequences of misuse of bail liberty (Section 82 Cr.P.C. proclamation and Section 174-A IPC), personal appearance at opening of case, framing of charge and Section 313 Cr.P.C. statement, verification of identity/residence proof, and breach of conditions being ground for cancellation of bail.

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Neutral Citation No. - 2025:AHC:57602

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Court No. - 47

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8888 of 2025

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Applicant :- Atar Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ankit Singh Counsel for Opposite Party :- Hari Nath Chaubey,G.A.

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Hon'ble Siddharth,J.

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Learned AGA has filed counter affidavit today which is taken on record.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant, Atar Singh, who is involved in Case Crime No. 26 of 2021, under Sections 323, 354A, 427, 452, 504, 506, 34 & 325 IPC and 7/8 POCSO Act, registered at Police Station- Amrahat, District- Kanpur Dehat and is in jail since 23.01.2025, is seeking enlargement on bail during the trial.

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It is submitted by learned counsel for the applicant that similarly placed co-accused, Ramsevak and Vishwnath, have already been enlarged on bail by this Court by orders dated 15.04.2025 passed in Criminal Misc. Bail Applications Nos. 25201 of 2024 and 27624 of 2024. He has further submitted that since the role of the applicant is identical to that of coaccused, Ramsevak and Vishwnath, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity and for the reasons given in the order of coaccused.

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The prayer for bail has vehemently been opposed by learned A.G.A.

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Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.

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In view of the above, let the applicant be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) 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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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. 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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(iv) 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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(v) 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.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 18.4.2025 P Kesari

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Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad

Atar Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Atar Singh v. State of U.P. and 3 Others

Case brief

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