Hon'ble Vivek Kumar Singh, J. allowed bail to Sone Lal in a case involving IPC and POCSO charges. The court noted a delay in FIR filing and was satisfied about false implications, granting release on personal bond with sureties and specific conditions.
Applicant Sone Lal released on bail on personal bond with two sureties subject to specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 127 of 2018
Applicant :- Sone Lal Opposite Party :- State Of U.P. Counsel for Applicant :- Jaysingh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Jaysingh Yadav, learned counsel for the applicant and Sri S.S. Tiwari, learned A.G.A. appearing for the State.
On 27.7.2018 personal affidavit of Senior Superintendent of Police, Kanpur Nagar has been filed stating therein that the victim girl has been recovered.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the alleged incident is said to have taken place on 21.4.2017 and first information report of the alleged incident was taken place on 20.5.2017 for which no plausible explanation has been given by the prosecution. It is further submitted that the applicant is an aged about 60 years. 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 he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 19.6.2017. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Sone Lal involved in Case Crime No.158 of 2017, under Sections 363, 366, 504, 506 I.P.C. and 17 POCSO Act, Police Station Chaubeypur, District Kanpur Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 3.8.2018 Dev/-
3 issues framed by the court
Whether the applicant is entitled to bail given the nature of accusation and evidence of false implication in a POCSO case.
Whether the delay between the alleged incident and the FIR supports the applicant's claim of false implication.
What conditions should be imposed on the grant of bail in this case.
Sone Lal
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
