Allahabad High Court
Ankit Kumar vs State Of U.P.And 3 Others on 5 December, 2023
Author: Gautam Chowdhary
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:230022
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49014 of 2023
Applicant :- Ankit Kumar
Opposite Party :- State Of U.P.And 3 Others
Counsel for Applicant :- Devesh Kumar Shukla,Dharmesh Kumar Shukla
Counsel for Opposite Party :- G.A.,Anand Swarup,Jai Singh Yadav
Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A for the State as well as learned counsel for the informant and perused the record.
2. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case. Learned counsel for the applicant further submits that earlier applicant approached this Court by filing Criminal Misc. Bail Application No. 42155 of 2023 and this Court vide order dated 04.10.2023 after considering the entire facts and circumstances of the case by a detailed judgment has directed the applicant to be enlarged on bail in Case Crime No. 126 of 2023, under Sections 363, 366, 376(3), 368, 506 I.P.C. and Section 3/4, 16/17 of Protection of Children From Sexual Offences Act (hereinafter referred to as, 'POCSO Act'. Learned counsel for the applicant further submits that on 06.09.2023 the Investigating Officer submitted charge sheet against the applicant under Sections 5/6 & 16/17 of POCSO Act along with other Penal Sections and exonerated the applicant under Section 3/4 of POCSO Act, which fact cannot came into knowledge of the applicant or his counsel, thus, thereafter, applicant applied for bail before the concerned learned Sessions Judge under Section 5/6 of POCSO Act too, which prayer for bail has been rejected vide order dated 03.11.2023 passed by the court concerned, therefore, the present bail application has been filed by the applicant to enlarge him on bail in the added offence under Section 5/6 of POCSO Act in the same crime. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 16.07.2023, having no criminal history.
3. Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence, but they have not disputed that initially the applicant has been enlarged on bail by this Court in other sections in the same crime.
4. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.
5. Let applicant-Ankit Kumar, involved in Case Crime No. 126 of 2023, under Section 5/6 of Protection of Children From Sexual Offences Act, Police Station Daraganj, District Prayagraj, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.
6. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail in accordance with law.
7. The bail application is allowed.
Order Date :- 5.12.2023
Mustaqeem.
