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Allahabad High Court
Vishwash Singh vs State Of U.P. And 3 Others on 1 March, 2024
Author: Piyush Agrawal
Bench: Piyush Agrawal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. – 2024:AHC:37539
Court No. – 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 13 of 2023
Applicant :- Vishwash Singh
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Atul Kumar Srivastava,Hanuman Prasad Kushwaha,Satish Sharma,Saurabh Pandey,Whaquar Ahmad
Counsel for Opposite Party :- G.A.,Saumya Srivastava
Hon’ble Piyush Agrawal,J.
Heard Mr. Whaquar Ahmad along with Mr. Hauman Prasad Kushwaha, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 853 of 2019 , under Sections 377 IPC and 5/6 POCSO Act, Police Station- Jhunsi , District – Prayagraj .
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that cognizance of the present case has been taken on 14.12.2019 and according to the provisions of Section 35 of POCSO Act the Special Court shall complete the trial, as far as possible, within a period of one year from the date of taking cognizance of the offence, however, till date the trial has not been concluded. He relied upon the judgement of Supreme Court in Indrani Pratim Mukerjea Vs. C.B.I. 2022 0 Supreme (SC) 1497. The applicant is languishing in jail for more than four years. It is also submitted that there is no apprehension that after being released on bail, applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 15.12.2019 and the possibility of conclusion of trial in near future is very bleak.
Learned A.G.A. has, however, opposed the prayer for grant of bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant namely Vishwash Singh be released on bail in the aforesaid Case Crime Number on his/her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall file an undertaking to the effect that applicant 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his/her counsel. In case of his absence, without sufficient cause, the trial court may proceed against applicant under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure presence of the applicant, proclamation under Section 82 Cr.P.C. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against the applicant, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) 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 the applicant in accordance with law.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
The bail application stands disposed of finally.
Order Date :- 1.3.2024
Rahul Dwivedi/-
(Piyush Agrawal, J.)
