Single judge allowed bail to Somdutt @ Pappu in an attempt to rape case based on FIR delay, victim's age, and lack of antecedents, imposing standard bail conditions.
Released on bail with personal bond and two sureties subject to conditions not to tamper with evidence or commit new crimes.
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Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24357 of 2018
Applicant :- Somdutt @ Pappu Opposite Party :- State Of U.P. Counsel for Applicant :- Mukesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Learned counsel for the applicant has argued that the F.I.R. has been lodged after three days of the alleged incident and in the statement of the victim under Section 164 Cr.P.C., she has only alleged attempt to rape. The victim is aged about 32 years. The applicant has no criminal history. The applicant is languishing in jail since 28.01.2018 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Somdutt @ Pappu , be released on bail in Case Crime No. 10 of 2018, under sections 376, 506 I.P.C, P.S. Baberu, District Banda 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 which are being imposed in the interest of justice :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 3.7.2018
Rohit
2 issues framed by the court
Whether the applicant is entitled to release on bail in the imposed circumstances.
Whether FIR delay and victim's age affect the bail decision.
2 provisions across 2 enactments
Somdutt @ Pappu
State Of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
