In a bail application under POCSO and IPC, the applicant argued false implication and cited co-accused bail grants. The court, noting no flight risk evidence, allowed bail without commenting on case merits.
Release on bail via personal bond and two sureties subject to specific conditions for conduct during trial.
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. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11926 of 2019
Applicant :- Smt. Jyoti Opposite Party :- State Of U.P. Counsel for Applicant :- Hanuman Prasad Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard Sri Hanuman Prasad Kushwaha, learned Counsel for applicant and learned AGA for State.
This is an application for bail on behalf of the applicant, Smt. Jyoti, in Special Session Trial No.63 of 2018 (State versus Rajani and others) Case Crime No.902 of 2018, under Section 376-D, 342, 328, 120-B IPC and Section 7/8 of the Protection of Children From Sexual Offence Act, 2012 and Section 3, 5, 6 Immoral Traffic (Prevention) Act, Police Station Kotwali, District Lalitpur.
Learned Counsel for applicant submits that applicant has been falsely implicated in the present case due to ulterior motive and malafide intention for harassment. It is further submitted that victim age has been assigned in the medico legal examination as 17 years which gives the usual allowance of two years, or even one, would reckon her to be a major, therefore, the provisions of POCSO, Act would not be attracted. No mark of injury has been found, on any part of body, in medical examination. According to prosecution story, only role for taking away of the victim has been assigned and no allegation of rape has been made against the applicant and being a lady the allegation of rape cannot be possible against the applicant. It is further submitted that co-accused persons, namely, Amar Singh Pal, Surendra Yadav and Navneet Chander have already been granted bail by a coordinate Bench of this Court on 03.01.2019, 08.02.2019 and 09.01.2019 in Criminal Misc. Bail Application Nos.45646 of 2018, 2316 of 2019 and 927 of 2019 respectively. It is next submitted that the applicant is neither a previous convict nor she has any previous criminal history and is languishing in jail since 03.08.2018. She is a poor lady having two children and nobody is available to take care of her children. It is further submitted that there is no possibility of the applicant of fleeing away from the judicial process or
tampering with the witnesses. In case the applicant is enlarged on bail, she shall not misuse the liberty of bail.
Per contra, learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case and rival contention of learned counsel, without commenting upon the merit of the case, I am of the opinion that the accused applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let applicant Smt. Jyoti be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 26.3.2019 I.A.Siddiqui
3 issues framed by the court
Whether the applicant is entitled to bail despite allegations under POCSO and IPC provisions.
Whether co-accused having been granted bail permits the release of the present applicant.
Whether the applicant poses a flight risk or tampering threat warranting bail denial.
4 provisions across 3 enactments
Smt. Jyoti
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Rajendra Kumar
Parties & counsel
