The Allahabad High Court has granted conditional bail to one Sardar Lal, who is accused of kidnapping and POCSO Act case of a minor girl from Bargarh police station area of Chitrakoot.
A Single Bench of Justice Rajeev Singh passed this order while hearing a Criminal Appeal filed by Sardari Lal.
A prayer for bail has been made by the appellant in the criminal appeal, which has been filed against the order dated 11.7.2024 passed by the Special Judge (POCSO Act)/Additional Sessions Judge, Chitrakoot in Special Sessions Trial under Sections 363, 366 of IPC and Section 4 of POCSO Act, 2012, Police Station- Bargarh, District- Chitrakoot.
Counsel for the appellant submitted that the appellant has been falsely implicated in the case.
He further submitted that in the deposition of complainant before the trial court, he categorically stated that the appellant used to call his daughter and later on, the appellant lured his daughter and took her away.
He further submitted that in the cross-examination, the victim has categorically stated that she was not called by the appellant and she left her house and went to the house of appellant on her own will. All this evidence is not considered by the trial court in the correct perspective and therefore, the appellant was convicted.
It is also submitted that during the course of trial, the appellant was on bail and never misused the liberty of bail.
He said that the appeal has already been admitted and there is no possibility of conclusion of the appeal in near future, hence, the appellant is entitled for bail.
AGA vehemently opposes the prayer for bail but could not dispute the fact that in the cross-examination, the victim stated that she was not called by the appellant.
“Having heard the submissions made by the counsel for the parties and perused the material brought on record, the Court is of the view that appellant is entitled to be released on bail during the pendency of criminal appeal before the Court. Hence, prima facie, the case for bail is made out, at this stage,” the Court observed while allowing the application for bail.
The Court ordered that,
Let the appellant- Sardari Lal involved in aforesaid case be released on bail on furnishing a personal bond of Rs 25,000/- with two sureties in the like amount subject to following conditions:-
(i) Total fine shall be deposited within three months from today.
(ii) The appellant shall cooperate in the disposal of appeal without seeking unnecessary adjournment.
(iii) The appellant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.