Meena v. State of U.P.
Case brief
What is this about?
Criminal Miscellaneous Bail Application allowed. The court granted bail to the applicant Meena under Sections 363, 366, 372 IPC and Section 17 POCSO, considering the false implication and the nature of accusation with conditions.
What did the court decide?
Released on bail with a personal bond and two sureties each, subject to conditions of attending trial, not tampering with witnesses, and not indulging in illegal activities.
What the court decided
Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12491 of 2017
Applicant :- Meena Opposite Party :- State Of U.P. Counsel for Applicant :- Shivangi Bhargava,Adya Prasad Tewari,Ajay Kumar Srivastava,Arvind Kumar Maurya,Ravi Shankar Tripathi,Sudhanshu Kumar Gour Hari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Shivangi Bhargava, learned counsel for the applicant and Sri R.S.Parihar, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of hers prayer for bail submits that the applicant is innocent and she has been falsely implicated in the present case due to ulterior motive and she has committed no offence.FIR has been lodged on an application moved under section 156(3) Cr.P.C. and that too after a delay of 50 days of the alleged incident, for which no plausible explanation has been given. The applicant is a lady. I have perused the medical certificate in which the age of the victim is shown to be 20 years. The said finding is on page 36 of the present bail application. In view of the inter-rivalry between the applicant and the complainant this case was registered. The recovery was made after two months from the date of imprisonment of the applicant. The recovery so made was not from the applicant. Recovery has been shown on page 23 of the present bail application. Learned counsel for the applicant submits that nothing concrete has come into light in the medical examination conducted on the person of the victim. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 10.1.2017. Apart from it, the applicant has no other reported criminal antecedent.
Issues for consideration
1 issue framed by the court
Whether the applicant Meena is entitled to bail in the case under Sections 363, 366, 372 IPC and Section 17 POCSO.
Parties & counsel
- applicant
Meena
- other
State of U.P.
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/12491/2017
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