The Court allowed bail to the applicant Gopal charged under Sections 323, 363, 354 IPC and 7/8 POCSO Act. The Court granted release based on the reformative theory of punishment, noting the applicant's lack of prior record and readiness to cooperate, despite allegations of false implication.
Applicant released on bail with personal bond and two sureties.
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. - 31259 of 2018
Applicant :- Gopal Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ajay Dubey, learned counsel for the applicant and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the applicant is young boy aged about 20 years and he has no any concern with the alleged incident, there are some financial dispute between the father of the applicant and the father of victim on account of which the applicant has falsely been roped in the present case. A copy of the affidavit and receipts dated 19.06.2018 has been annexed as Annexure No. 6 to the affidavit filed in support of bail application. There is no independent witness of the alleged incident. 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 23.05.2018. The applicant has no other reported criminal antecedent.
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 Gopal involved in Case Crime No. 84 of 2018, under Sections 323, 363, 354 I.P.C. and 7/8 POCSO Act, Police
Station Chatta, District Agra 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 court below shall be at liberty to cancel the bail.
Order Date :- 18.8.2018 Arti
3 issues framed by the court
Whether the applicant is entitled to bail considering the nature of accusation and evidence in cases involving Sections 323, 363, 354 I.P.C. and 7/8 POCSO Act.
Whether there is reasonable apprehension of tempering of witnesses justifying bail.
Whether the applicant has prima facie satisfaction of the charge warranting release on bail.
2 provisions across 2 enactments
Gopal
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
