Single-judge bail order allowing release of applicant in case involving offences under 377 IPC and PCPO Act. Court directed expedited trial within six months.
Release on personal bond with two sureties subject to specified conditions and verification of surety details.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37911 of 2018
Applicant :- Ram Narain Tiwari Opposite Party :- State Of U.P. Counsel for Applicant :- Shyam Sunder Upadhyay,Durgesh Chandra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sanjay Singh, learned A.G.A. 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 though in the statement of the victim recorded under Section 164 Cr.P.C. allegation for the offence under Section 377 I.P.C. has been levelled against the applicant but the same does corroborates with the medical report, a copy of which have been annexed as annexure-3 and 8 respectively, to the affidavit accompanying this bail application. 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 11.7.2018. 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 Ram Narain Tiwari involved in Case Crime No.116 of 2018, under Sections 377 I.P.C. and Section 3/4 of the Protection of
Children From Sexual Offence Act, Police Station Basdeeh, District Ballia be released on bail on his furnishing a personal bond with two sureties ( one should of family member ) 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.
The trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, preferably within a period of six months from the date of receipt of certified copy of this order, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2004 , if there is no legal impediment.
Order Date :- 3.10.2018 Dev/-
1 issue framed by the court
Whether the applicant is entitled to release on bail in the present case.
Colour shows how this judgement treated each authority
Alakh Alok Srivastava Vs. Union of India and anotherExplained¶16
Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2004 · Who else cites this
Ram Narain Tiwari
Vivek Kumar Singh
As recorded by the court registry
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Vivek Kumar Singh
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