Devendra vs State Of U.P. And 3 Others
2022 Latest Caselaw 19876 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 70
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46908 of 2022
 

 
Applicant :- Devendra
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Mithilesh Kumar Shukla
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Nalin Kumar Srivastava,J.

Notice has been served upon the mother of the victim, but none appeared on her behalf.

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

It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. He has no concern with the present matter. Alleged offences are not made out against the applicant. Applicant has been languishing in jail since 6.8.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

On the other hand, learned A.G.A. opposed the prayer for bail.

It appears from the perusal of record that there is no independent witness of the incident. No sexual intercourse has been committed with the victim. The accused has no criminal antecedents. He is said to be in jail since 6.8.2022. Grounds taken in the bail application are sufficient. Hence, keeping in view the nature of the offence, evidence, complicity of accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

It is also made clear that the present bail application lying under both the Protection of Children from Sexual Offences Act, 2012 as well as the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is maintainable in view of the judgment of this Court dated 11.02.2019 passed in Criminal Misc. Bail Application No.33075 of 2018 (Rinku Versus State of U.P.).

Let the applicant Devendra involved in Case Crime No.49 of 2022 under Sections 354 IPC, 9/10 POCSO Act and 3 (1) (B) & 3 (2) (va) S.C./S.T. Act, Police Station Mansukhpura, District - Agra be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

1. The applicant will not tamper with the evidence during the trial.

2. The applicant will not pressurize/ intimidate the prosecution witness.

3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

5. 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.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

Submission and observation recorded in the matter are only for the purpose of deciding the bail application. Trial court shall not be influenced in any way with the said observation / submission while deciding the trial.

Order Date :- 5.12.2022

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