In Criminal Misc. Bail Application No. 30085 of 2018, the Court granted bail to Vipin accused under Sections 377, 506 IPC and POCSO Act. The applicant claimed false implication but was released on bond with sureties under specific conditions.
Applicant released on bail by furnishing a personal bond with two sureties in an amount to be fixed by the court.
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. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30085 of 2018
Applicant :- Vipin Opposite Party :- State Of U.P. Counsel for Applicant :- Abhishe Pandey,Praveen Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A.-I appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the present proceedings are nothing but counter blast to the proceedings initiated by the father of the applicant and has been initiated only to put pressure on the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 9.4.2018. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. opposed the prayer for bail.
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.
Without expressing any opinion on the merits of the case let the applicant Vipin involved in Case Crime No.0094 of 2018, under Sections 377, 506 I.P.C. & Section 3/4 POCSO Act, 2012, Police Station Mansoorpur, District Muzaffar Nagar be released on bail 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.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 9.8.2018 Dev/-
3 issues framed by the court
Whether the applicant is entitled to bail in a case involving Sections 377, 506 IPC and POCSO Act allegations.
Whether the fear of witness tampering and severity of punishment precludes bail.
Whether conditions can be imposed to secure the applicant's release pending trial.
3 provisions across 2 enactments
Vipin
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
