Allowed

Rajesh Parmar v. State of U.P.

Allahabad HC27 Aug 2018BAIL/30985/2018

Case brief

AI extract

What is this about?

The court allowed bail to the applicant, Rajesh Parmar, in a criminal case involving rape and POCSO charges. Bail was granted with a personal bond and two sureties on the condition that the applicant does not tamper with evidence or pressure witnesses.

What did the court decide?

Bail granted on personal bond and two sureties subject to conditions against tampering with evidence and pressuring witnesses.

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

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Court No. - 52

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30985 of 2018 Applicant :- Rajesh Parmar Opposite Party :- State Of U.P. Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard Sri Narendra Kumar, learned counsel 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-Rajesh Parmar in Case Crime No.159 of 2018, under Sections 376, 120-B I.P.C. and 17 of The Protection of Children From Sexual Offences Act,2012 Police Station Allau, District-Mainpuri with the prayer to enlarge him on bail.

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The submission of the learned counsel for the applicant is that so far as the applicant is concerned, there is neither any allegation of committing rape by the prosecutrix nor of her enticing away or kidnapping against the applicant. The victim has specifically levelled allegation of rape against co-accused, Mukesh alias Lalla in her statement recorded under Section 164 Cr.P.C. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 29.05.2018, 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 but could not point out anything material to the contrary.

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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-Rajesh Parmar 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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It is made clear that case of the applicant is distinguishable from that of co-accused, Mukesh alias Lalla.

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Order Date :- 27.8.2018

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MN/-

Rajesh Parmar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rajesh Parmar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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