Sonu v. State of U.P.
Case brief
What is this about?
This court granted bail to the applicant in a POCSO case involving rape and abduction charges, based on the victim statement and lack of criminal history, imposing strict conditions regarding court appearance and prevention of abuse of process.
What did the court decide?
Applicant released on bail with personal bond, two sureties, and strict conditions regarding court attendance and undertakings to prevent abuse of process.
What the court decided
Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10528 of 2018
Applicant :- Sonu Opposite Party :- State Of U.P. Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 304 of 2017, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, Police Station Kairana, District Shamli, is seeking enlargement on bail during the trial.
Learned counsel for the applicant in support of his application for bail submits that though the F.I.R. was registered by Jeeja of the victim naming the applicant Sonu and four others. Initially the F.I.R. was registered under Sections 363 and 366 I.P.C. It is further submitted that in her statement under Section 161 Cr.P.C., the victim stated that she went with the applicant to Haridwar on her own free will and volition where she married with the applicant and she had established physical relationship with the applicant according to her own wishes. She had also given clean chit in favour of the applicant Sonu with regard to the case. It is further submitted that the applicant has no criminal history and he is in jail since 5.6.2017.
Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the applicant.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail during the trial considering the nature of the offence and available evidence.
Whether the victim's statement and clean chit establish sufficient grounds for granting bail in a POCSO case.
What conditions may be imposed on the applicant upon release on bail to ensure appearance before the trial court.
Parties & counsel
- applicant
Sonu
- respondent
State Of U.P.
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/10528/2018
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