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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Sanjay Kumar Singh
Om Prakash Kushwaha – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Sanjay Kumar Singh, J.
1. By means of this application under Section 483 of BNS S , applicant Om Prakash Kushwaha, who is involved in Case Crime No. 402 of 2024, under Sections 64 , 74, 351 BNS , police station Sikandara, district Agra seeks enlargement on bail during the pendency of trial.
2. Heard Mr. K.K. Dwivedi, learned counsel for the applicant, Mr. Deepak Mishra, learned Additional Government Advocate representing the State and Mr. Vijay Kumar Mishra, learned counsel appearing on behalf of the first informant / complainant.
3. As per prosecution case, in brief, the victim got a first information report lodged on 19.07.2024 for the alleged offence under Sections 64 , 74 and 351 BNS against the applicant making allegations inter alia that the applicant had an evil eye on her, but she always used to address him as brother from beginning. The accused's younger daughter Ritika and her younger brother Aman were friends since childhood. Due to which applicant managed to send her younger brother to jail in a false case, who is minor. The bail application of her younger brother was rejected by the High Court on 18 September 2023, taking advantage thereof, on 19 September 2023
The court reinforced that allegations of sexual misconduct and coercion must be taken seriously, emphasizing the gravity of the offense and the need to protect the victim's dignity and safety.
Bail – Presumption under Sections 29 and 30 of POCSO Act cannot be applied in absolute terms to application seeking bail.
The court emphasized the importance of personal liberty under Article 21, granting bail based on the victim's statement undermining the prosecution's case.
The court emphasized that prior acquaintance and lack of evidence of coercion justified granting bail, highlighting the importance of assessing risks of influencing witnesses.
The presumption of innocence and the right to liberty under Article 21 necessitate granting bail unless proven otherwise, with the principle that bail is a rule and jail is an exception.
The granting of bail is warranted if doubts exist regarding the truth of the charges, particularly in the absence of solid evidence against the accused.
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