Alok Kumar Pandey v. State of U.P. and 3 Others

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11279 of 2023 Applicant :- Alok Kumar Pandey Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Devendra Kumar Misra Counsel for Opposite Party :- G.A.,Afshan Shafaut,Sanjay Kumar Nigam Hon'ble Dr. Gautam Chowdhary,J.

¶1Case called out in the revised list. No one has appeared on behalf of informant despite several names of counsel have been printed in the cause list.

¶2Supplementary affidavit filed today by the learned counsel for the applicant is taken on record.

¶3Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶4Learned counsel for the applicant submits that incident is of the year 2022, charge has been framed against the applicant vide order dated 16.12.2022 and dates are being fixed regularly for evidence, but till date not a single witness including the victim has been examined and the court below has also issued bailable warrant against the prosecution witnesses for recording of their statements. It appears that applicant has falsely been implicated in the case. 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. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since

25.05.2022, having no criminal history.

¶5Learned A.G.A. for the State could not satisfactorily dispute the aforesaid submissions made by the learned counsel for the applicant.

¶6After 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, this Court is of the view that the applicant may be enlarged on bail.

¶7Let the applicant-Alok Kumar Pandey, involved in S.S.T. No. 1143 of 2022, arising out of Case Crime No. 382 of 2022, under Sections 376, 506 I.P.C. and Section 5/6 of Protection of Children From Sexual Offences Act, Police Station Kalyanpur, District Kanpur Nagar, 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 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.

¶8The 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.

¶9The bail application is allowed. Order Date :- 16.11.2023 Mustaqeem. High Court of Judicature at Allahabad