This single-judge order grants bail to the applicant in a criminal case involving offences under sections 363, 376 of the IPC and 3/4 of the POCSO Act, noting the victim is a consenting spouse.
Released on bail in Case Crime No. 381 of 2018 with a personal bond and two sureties, subject to specific conditions regarding interaction with witnesses and conduct.
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. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24671 of 2018
Applicant :- Ajay @ Banti Opposite Party :- State Of U.P. Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Shri Alok Tripathi, Advocate has filed his appearance on behalf of the first informant, same is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State, Shri Alok Tripathi, learned counsel for the informant and perused the record.
The victim in her statement recorded under Section 164, Cr.P.C. has not alleged any offence against the applicant. She is a consenting party and the victim and the applicant have married.
On the other hand learned A.G.A. and learned counsel for the informant opposed the prayer for bail.
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 Ajay @ Banti be released on bail in Case Crime No. 381 of 2018, under Sections 363, 376, I.P.C and Section 3/4 POCSO Act, Police Station Jani , District Meerut 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 :-
or commission of any crime after being released on bail.
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 :- 4.7.2018 T. Sinha
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a case involving Section 363, 376 IPC and POCSO offences.
3 provisions across 3 enactments
Ajay @ Banti
State Of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Siddharth
Parties & counsel
