Allahabad High Court
Gandhi @ Kiranpal Singh vs State Of U.P. And Another on 24 June, 2021
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 839 of 2021 Applicant :- Gandhi @ Kiranpal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Rana Counsel for Opposite Party :- G.A.,Dheeraj Kumar Tiwari,Rajeev Kumar Saini Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State through video conferencing and perused the record. Learned counsel for the complainant is not responding on the given link.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It was stated that in her statement under Sections 161 and 164 Cr.P.C., victim girl has stated that the applicant has caught her and took off her clothes and did obscene activity but he has not said anything and after that victim returned to her home. It was stated that after investigation police have filed charge-sheet under Section 354B IPC and Section 8 POCSO Act and applicant was granted bail under these sections vide order dated 09.11.2020, passed in Criminal Misc. Bail Application No. 26860 of 2020. Learned counsel submitted that without any further investigation or any other evidence, the trial Court has framed charge under Section 375 (C) and 376(3) IPC and 3/4 POCSO Act. It has been submitted that considering all factual position of case, applicant has already been granted bail by this Court and there is no change in circumstances since then and thus, mere framing charge under some grievous offence cannot be a ground to detain the applicant. It has been further submitted that the applicant is languishing in jail since 12.07.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that victim was a minor girl and she was a student of class 2.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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.
Let the applicant Gandhi @ Kiranpal Singh involved in Case Crime No. 168 of 2020, under Sections 375(C), 376(3) IPC and 3/4 POCSO Act, P.S. Gulaothi, District Bulandshahar, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2.The applicant shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the trial Court shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 24.6.2021 A. Tripathi