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SUPREME COURT OF INDIA
SURYA KANT, ABHAY S. OKA, JJ.
Hargovind – Petitioner
Versus
The State of Uttar Pradesh and Others – Respondents
Petitions for Special Leave to Appeal (Crl.) No. 5565 of 2022
Decided On : 12-08-2022
Bail - Section 376-D IPC - Protection of Children from Sexual Offences Act, 2012 - Grant of bail to petitioner Hargovind
Fact of the Case:
The petitioner sought regular bail in a case involving charges under Section 376-D, 342, 323, 120B of Indian Penal Code and Section 3/4 of Protection of Children from Sexual Offences Act, 2012. The petitioner was alleged to have played an active role in the commission of the offence by the main accused.
Finding of the Court:
The court, without expressing any view on the merits of the case, granted bail to the petitioner considering the period of custody and attending circumstances.
Issues: The main issue was the grant of bail to the petitioner who had been in custody for over three years and two months in a case involving serious charges.
Ratio Decidendi: The court considered the period of custody and attending circumstances as grounds for granting bail to the petitioner, while refraining from expressing any view on the merits of the case.
Final Decision: The petitioner, Hargovind, was directed to be released on bail, subject to furnishing bail bonds to the satisfaction of the Trial Court.
ORDER :
1. The petitioner seeks grant of regular bail in Crime No. 0007/2019, under Section 376-D, 342, 323, 120B of Indian Penal Code and Section 3/4 of Protection of Children from Sexual Offences Act, 2012 registered at Police Station-Nibohara, District-Agra, Uttar Pradesh.
2. It is not in dispute that as per the allegation contained in the FIR, the petitioner is not involved in commission of the offence under Section 376 of Indian Penal Code. He is alleged to have played an active role in commission of the said offence by the main accused.
3. The petitioner has been in custody from the past three years and two months. The co-accused Veeru @ Virendra (Accused No. 3) has already been enlarged on bail by the High Court of Judicature at Allahabad on 07.08.2019. The trial is still going on and will take sometime in conclusion.
4. Taking into consideration the period of sentence undergone by the petitioner and all other attending circumstances but without expressing any view on the merits of the case, we are inclined to grant him bail.
5. The petitioner (Hargovind) is directed to be released on bail, subject to him furnishing bail bonds to the satisfaction of the Trial Court.
6. The special leave petition is disposed of accordingly.
7. Pending applications, if any, stand disposed of.
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