Allowed

Ravi v. State of U.P.

Allahabad HC23 Aug 2018BAIL/24779/2018

Case brief

AI extract

What is this about?

In this bail application involving Sections 452, 354, 504, 506 IPC and the POCSO Act, the court granted bail to the applicant Ravi. The relief was based on the parity enjoyed by co-accused and the application of the reformative theory of punishment.

What did the court decide?

Released on bail by furnishing personal bonds with two sureties each subject to standard conditions including appearance and non-interference with witnesses.

Ravi Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24779 of 2018

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Applicant :- Ravi Opposite Party :- State Of U.P. Counsel for Applicant :- Rohit Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Counter affidavit filed by the learned A.G.A. today in the Court is taken on record.

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Heard Sri Rohit Shukla, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the co-accused Lacchi Ram and Ajeet have been granted bail by this Court on 21.6.2018 and 27.7.2018 in Criminal Misc. Bail Application Nos.22663 of 2018 and 28134 of 2018, a copy of said orders has been produced by the learned counsel for the applicant, which is taken on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history. The applicant is in jail since 18.5.2018.

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Learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.

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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.

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Without expressing any opinion on the merits of the case let the applicant Ravi involved in Case Crime No.129 of 2017, under Sections 452, 354, 504, 506 I.P.C. and Section 8/10 POCSO Act, Police Station Koshikalan, District Mathura be released on bail on his furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned with the following

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conditions:-

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(i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/intimidate the prosecution witness.

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(iii) The applicant will appear before the trial Court on the date fixed.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 23.8.2018 Dev/-

Ravi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ravi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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