Criminal Misc. Bail Application allowed. The Court released the accused on bail while refraining from commenting on the merits of the facts, directing him to furnish a bond and two sureties subject to standard conditions.
Released on bail by furnishing a personal bond and two reliable sureties subject to standard bail conditions.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11931 of 2019
Applicant :- Surendra Opposite Party :- State Of U.P. Counsel for Applicant :- Surendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard Sri Surendra Singh, learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Sri Chandra Pal Singh, Sub-Inspector, P.S. Attara, District Banda is present before this Court and filed personal affidavit which is taken on record.
Learned AGA has also filed Affidavit of compliance on behalf of Superintendent of Police, Banda, which is also taken on record.
The presence of Sri Chandra Pal Singh, Sub-Inspector, P.S. Attara, District Banda is hereby dispensed with.
Order Date :- 2.4.2019 Manoj
Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11931 of 2019
Applicant :- Surendra Opposite Party :- State Of U.P. Counsel for Applicant :- Surendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard Sri Surendra Singh, learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
This bail application has been filed by the accused-applicant Surendra, who is involved in Case Crime No. 466 of 2017, under Sections 363, 366, 376, 193 I.P.C. and Section 4 Protection of Children From Sexual Offences Act, 2012, Police Station Kotwali Nagar, District Banda.
Learned counsel for the applicant submits that applicant has been falsely implicated in the present case for the purpose of harassment. He further submitted that as per the medical report, the prosecutrix is a major girl aged about 18 years and as per her statement recorded under Section 164 Cr.P.C, she is aged about 19 years old. It appears that she was a consenting party and she was married with the applicant in Jabalpur. She did not level any allegation of rape against the applicant. He next argued that in case the applicant is enlarged on bail, he shall not misuse the liberty of bail. The applicant is languishing in jail since 13.12.2018
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 applicant is entitled to be released on bail.
Accordingly, bail application is allowed .
Let applicant Surendra be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties 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 :- 2.4.2019 Manoj
2 issues framed by the court
Whether the accused-applicant is entitled to be released on bail pending trial in a case involving IPC 363, 366, 376 and POCSO charges.
Whether the accused furnishing a personal bond with two sureties satisfies bail conditions.
Surendra
State Of U.P.
Rajendra Kumar-IV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
