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

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49852 of 2023 Applicant :- Lavkush Giri Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dewarshi Kumar Rai,Atul Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2As informed by the learned AGA for the State, notice to the informant has been served.

¶3Heard Sri Dewarshi Kumar Rai, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

¶4Applicant seeks bail in Case Crime No. 240 of 2023, under Sections 363, 366, 354 K 1(2), 323 IPC and Section 7/8 POCSO Act, Police Station Tinduwari, District Banda, during the pendency of trial.

¶5As per prosecution case, the applicant is stated to have enticed the minor daughter of the informant on 02.10.2023 at about 08:00 am and is stated to have tried to sexually assault her whereby, on her refusal he slapped her and she collided by window of the car and got injured.

¶6Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. The prosecution story stands falsified by the fact that there is no injury observed by the Medical Officer at the time of conducting her medical examination. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 06.10.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶7Learned A.G.A. has vehemently opposed the bail application.

¶8Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9Let the applicant-Lavkush Giri, who is involved in aforementioned 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence.

(ii) 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.

¶10In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶11It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 30.11.2023 Priya High Court of Judicature at Allahabad