This bail application was admitted for a petitioner accused of rape and POCSO offences. The High Court held that despite the severity of the charges, the applicant was entitled to bail pending trial by furnishing a bond with sureties.
Release of the applicant on bail on furnishing a personal bond and two sureties in the like amount.
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. - 85
Case :- CRL MISC. BAIL APPLICATION No. - 20762 of 2019
Applicant :- Anand Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accusedapplicant- Anand Kumar, who is involved in case crime no. 33 of 2019 under Section 363, 376 I.P.C. and 5/6 POCSO Act, Police Station- Janakpuri, District- Saharanpur.
Submission of the learned counsel for the applicant is that he is innocent and has falsely been implicated in the present case; that the prosecutrix in her statement recorded under Section 161 Cr.P.C. stated that she had gone with the applicant on her own sweet will and the applicant has not made any sexual relation with her; that in the medical examination report no external or internal injuries were found on the body of the victim; that the age of the victim is disclosed in the FIR about 17 years but in the medical examination she was found to be aged about 18 years; that the prosecutrix in her statement under Section 164 Cr.P.C. changed her earlier statement and created a new story. It is further contended that while the victim was taken by the applicant although she had ample opportunity to raise alarm but she did not do so, which shows her consent; that the victim is a consensual party and she has gone with the applicant with consent. It is lastly contended that the accused-applicant is languishing in jail since 4.2.2019.
Learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above named applicant involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
any criminal activity or commission of any crime after being released on bail.
Order Date :- 24.7.2019//Fhd.
2 issues framed by the court
Whether the accused applicant is entitled to bail in a case involving crimes under Section 363, 376 IPC and POCSO Act.
Whether the nature of offence and severity of punishment preclude the grant of bail in the present circumstances.
Anand Kumar
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
