The Court granted bail to Vinod, a young applicant detained under Sections 363, 366, 376 IPC and POCSO, noting his detention since July 2016 and the victim's statement indicating consensual elements, deeming a prima facie case for bail without prejudicing the prosecution.
The applicant is released on bail upon executing a personal bond and furnishing two sureties.
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Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20895 of 2018
Applicant :- Vinod Opposite Party :- State Of U.P. Counsel for Applicant :- Saurabh Gour Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the present second bail application seeking bail in Case Crime No.132 of 2016 u/s 363,366,376 IPC and 5/6 POCSO Act and Section 3(1)(XI) SC/ST Act PS Bah District Agra. The first bail application of the applicant was rejected by this Court vide order dated 18.1.2017 with specific direction to the court concerned to conclude the trial expeditiously on day to day basis strictly in accordance with the provisions of CrPC.
Contention of the learned counsel for the applicant in the second bail application is that the applicant is in jail since 18.7.2016 and he is a young boy. Further contention is that the girl in her statement has specifically stated that she had gone with the applicant of her own sweet will and she remained with him for about two months in Noida and she was in love with the present applicant. The statement of the girl has been annexed at page 20 of the affidavit accompanying the bail application.
Sri Bade Lal Bind, learned AGA has opposed the bail application of the applicant, however he does not dispute the period of detention of the applicant i.e. since 18.7.2016. He also does not dispute the statement of the girl which is on record.
Looking to the fact that the applicant is a young person and he has not committed the murder something and girl was in love with the applicant and the fact that the applicant has suffered in jail since 18.7.2016 and has learnt his lesson well, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Vinod involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 7.12.2018 SP
2 issues framed by the court
Whether bail should be granted to the applicant in the second bail application considering his detention period and the nature of evidence.
Whether the applicant's age and the nature of the victim's statement impact the bail decision.
5 provisions across 3 enactments
Vinod
State Of U.P.
Vipin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vipin Sinha
