Lavkush Kumar v. State of U.P. and 3 Others

Court No. - 46 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22804 of 2023 Applicant :- Lavkush Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pradeep Kumar,Ajay Kumar Yadav,Mohd Faizyab Rahamani Counsel for Opposite Party :- G.A. Hon'ble Ashwani Kumar Mishra,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present second bail application has been filed by the applicant in Case Crime No.118 of 2018, under Sections 363, 366, 376 I.P.C. & Sections 3/4 POCSO Act, Police Station - Husainganj, District - Fatehpur, with the prayer to enlarge him on bail during the pendency of trial. First bail application in the present case was rejected on

05.12.2022 with a direction to conclude the trial within a year. Second bail application has been filed contending that victim in the present case has not supported the prosecution case and has turned hostile at the stage of cross-examination. The informant has also turned hostile. The medical of the victim has otherwise not supported the prosecution case. Contention is that as accused-applicant otherwise has no criminal history and there are remote chances of conviction of the accused in absence of the victim supporting the proseuction and applicant is incarcerated in jail since 19.07.2022, as such, he may be enlarged on bail. Learned A.G.A. has opposed the prayer made for grant of bail but could not dispute the above contention. Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and perusing the material brought on record and that the trial is also likely to take sufficiently long, without expressing any opinion on merits of the case, the applicant is held entitled to grant of bail. However, any observation made hereinabove, will not affect the trial of the case.

Let the applicant-Lavkush Kumar involved in aforesaid case crime 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 prosecution evidence.

(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 will not indulge in any unlawful activities.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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 and send the applicant to prison. Order Date :- 9.11.2023 Zafar High Court of Judicature at Allahabad