The single judge in a criminal bail application granted bail to an accused charged under the POCSO Act and IPC, applying the reformative theory of punishment despite the severity of the charge and denial of innocence.
Released on bail with personal bond and two sureties for the charges of sexual assault and related IPC offences.
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. - 15188 of 2018
Applicant :- Deshraj Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sanjay Srivastava, learned counsel for the applicant and Sri Rajesh Kumar Singh, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. Learned counsel for the applicant submitted that as per prosecution case the daughter of the complainant was sexually assaulted by the applicant, her medical report does not show any mark of violence, injury or sexual assault. He further submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to ulterior motive. The statement of the victim which has been recorded under Section 161 of the Cr.P.C. 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 21.11.2017. The applicant has no other reported criminal antecedent.
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 Deshraj involved in Case Crime No. 842 of 2015 under Sections 377, 323, 504, 506, 120B I.P.C. and Section 17/18 The POCSO Act, 2012, Police Station Kalyanpur, 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 court below shall be at liberty to cancel the bail.
Order Date :- 30.8.2018
Krishna
2 issues framed by the court
Whether an accused facing charges under the POCSO Act and IPC for sexual assault is entitled to bail.
Whether constitutional reforms and the reformative theory of punishment justify granting bail in this case.
2 provisions across 2 enactments
Deshraj
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
