Allowed

Gatta @ Amar Singh v. State of U.P.

Allahabad HC16 Aug 2018BAIL/28028/2018

Case brief

AI extract

What is this about?

Single judge court allowed bail to the applicant accused of attempted rape under POCSO and IPC sections. The court relied on admitted enmity and dismissed medical report showing no fresh injury, without expressing opinion on case merits.

What did the court decide?

Released on bond and two sureties subject to conditions of not tampering with evidence, pressurizing witnesses, and appearing in trial.

Gatta @ Amar Singh Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2018)

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Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28028 of 2018 Applicant :- Gatta @ Amar Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Srivastava,Shivangi Bhargava Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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Heard Sri Ajay Kumar Srivastava and Ms Shivangi Bhargava, learned counsels for the applicant and the learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant-Gatta @ Amar Singh in Case Crime No.05 of 2018, under Sections 376, 511 I.P.C. and 18 of The Protection of Children From Sexual Offences Act, Police Station Baniather, District-Chandausi with the prayer to enlarge him on bail.

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Supplementary affidavit filed by the learned counsel for the applicant demonstrates that uncle of the prosecutrix, Mohan Singh instituted a civil suit being Original Suit No.75 of 2009, regarding disputed property against the applicant and his family members. The certified copy of the order-sheet dated 13.12.2010 has been annexed as Annexure-SA-2 to the supplementary affidavit which indicates that aforesaid suit was dismissed for default. It is submitted that the enmity between the parties is admitted on account of which this false case of attempted rape upon the prosecutrix has been foisted on the applicant. In the medical report, no fresh injury or any other injury has been noted by the doctor. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 06.01.2018, having no criminal history to his credit, deserves to be released on bail.

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Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant and submitted that the victim is aged about 10 years. However, he could not dispute the documents, especially the copy of the document which clearly establish the enmity between the first informant and the applicant.

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Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.

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Let applicant-Gatta @ Amar Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-

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1.The applicant shall not tamper with the prosecution evidence;

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2.The applicant shall not pressurize the prosecution witnesses;

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3.The applicant shall appear on the date fixed by the trial court.

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In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.

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Order Date :- 16.8.2018

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MN/-

Gatta @ Amar Singh v. State of U.P.

Case brief

What is this about?

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Gatta @ Amar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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