Allahabad High Court
Shivanand Maurya vs State Of U.P. And Another on 23 May, 2023
Bench: Mayank Kumar Jain
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:113917
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20026 of 2021
Applicant :- Shivanand Maurya
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Chandra Kumar Rai,Brij Raj Verma,Rajesh Maurya
Counsel for Opposite Party :- G.A.,Chandra Bhushan Singh
Hon'ble Mayank Kumar Jain,J.
Learned AGA informs that the notice on opposite party no.2 is sufficient.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed on behalf of applicant in Case Crime No. 16 of 2021, under Sections 376-D (A), 506 I.P.C. and Section 5(G)/6 of POCSO Act, Police Station Bardah, District Azamgarh with the prayer to enlarge the applicant on bail.
It is submitted by learned counsel for applicant that applicant is innocent and has not committed any offence as alleged in the first information report. The medical report does not corroborate the statements of the victim recorded under Sections 161 and 164 Cr.P.C. As per medical report, the age of the victim has been determined to be 16 to 18 years. It is further submitted that the informant was recorded as P.W.1 before the trial court, who did not corroborate the prosecution version. Similarly the P.W.2 victim also did not corroborate the prosecution version in her cross-examination and she stated that she had given statement against the applicant as she was tutored by her father.
Learned counsel for applicant lastly submits that applicant is in jail since 26.01.2021 having no criminal history and that in case applicant is enlarged on bail, applicant will not misuse the liberty of bail.
Per contra learned A.G.A. vehemently opposed the prayer for bail but could not dispute the aforesaid aspect of the matter.
In Union of India Vs. K.A. Najeeb (2021) 3 SCC 713, the Hon'ble Apex Court has observed that:-
"15. This Court has clarified in numerous judgments that the liberty guaranteed by Part III of the Constitution would cover within its protective ambit not only due procedure and fairness but also access to justice and a speedy trial. In Supreme Court Legal Aid Committee v. Union of India SCC para-15 it was held that undertrials cannot indefinitely be detained pending trial. Ideally, no person ought to suffer adverse consequences of his acts unless the same is established before a neutral arbiter. However, owing to the practicalities of real life where to secure an effective trial and to ameliorate the risk to society in case a potential criminal is left at large pending trial, the Courts are tasked with deciding whether an individual ought to be released pending trial or not. Once it is obvious that a timely trial would not be possible and the accused has suffered incarceration for a significant period of time, Courts would ordinarily be obligated to enlarge them on bail."
Considering the submissions made by learned counsel for applicant as well as learned A.G.A. and without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant, Shivanand Maurya, involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicant will not tamper with the prosecution evidence during the trial.
(2). The applicant will not influence any witness.
(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4). 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 to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 23.5.2023
Prajapati
