Allahabad High Court
Anand Yadav vs State Of U.P. And 3 Others on 19 November, 2024
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:181153
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8842 of 2024
Applicant :- Anand Yadav
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Sunita Chauhan
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. None appears for the informant even the notice has been served.
The present bail application has been filed by accused- applicant seeking bail in Case Crime No. 298 of 2023, under Sections 377 I.P.C., section 3/4(2) POCSO Act and Section 3(2)(V) of S.C. / S.T. Act, Police Station Kalpi Kotwali, District Jalaun.
In the prosecution case, it is alleged that on 24.09.2023, the son of the informant, who is aged about 14 years, came home weeping and told that the accused persons on the pretext of collecting chaff took him inside a room and did carnal intercourse with him and further threatened him not to make any complaint to anyone.
Learned counsel for the applicant submits that statement of the victim under Sections 161 and 164 Cr.P.C. is at variance. According to prosecution case, the co-accused Ankit and the victim were consenting party. Since applicant caught them in compromising position, he has been implicated in this case.
Learned A.G.A. has opposed the bail application and submitted that victim in his statement recorded under Section 164 has corroborated the prosecution case and this statement is further corroborated by the medical injury, which is in shape of two abrasions on the anal sphincter.
Perused the record so also the status report submitted by the learned Trial Court.
Perusal of the status report shows that there are 19 prosecution witnesses in total and out of 19 witnesses, 2 have been examined including the victim. Rest of the witnesses are yet to be examined. Status report shows that on most of the occasions in the trial court, the case has been adjourned at the instance of learned ADGC for the State. Since the victim has been examined, there appears to be no apprehension of tampering with the evidence. With this pace, it appears that the trial would take time to conclude considering the adjournments being taken by the State during trial.
On due consideration to the fact that the applicant has no criminal antecedent and he is languishing in jail since 26.09.2023 also in view of the judgment of Supreme Court in the case of Javed Gulam Nabi Shaikh v. State of Maharashtra, 2024 SCC OnLine SC 1693 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Accordingly, the bail application is allowed.
Let the applicant Anand Yadav involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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.
(iv) 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.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) 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.
Order Date :- 19.11.2024
SK Srivastava
