Sandeep v. State of U.P.
Case brief
What is this about?
The High Court released the applicant on bail in a criminal case under IPC 354, 452 and POCSO sections, granting relief after noting the grant of bail to a co-accused and lack of injury on the alleged victim.
What did the court decide?
The applicant is released on bail subject to execution of personal bond and two sureties each on standard conditions.
What the court decided
Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25056 of 2019
Applicant :- Sandeep Opposite Party :- State Of U.P. Counsel for Applicant :- Sachida Nand Tiwari,Murli Dhar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Applicant- Sandeep seeks bail in Case Crime No. 10 of 2019, under Sections 354, 452 IPC, and Section 7/8 POCSO Act, 2012, Police Station Trilokpur, District Siddharth Nagar.
Heard learned counsel for the applicant and learned AGA for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case on account of village politics; F.I.R. has been lodged by father of the victim alleging that at the time when the victim had gone to her old house for bringing some materials the accused persons molested her and on raising alarm, her mother reached and thereafter the accused fled away from the spot; although there is an allegation that accused assaulted mother of the victim but there is no injury; as per medical report the age of the victim is determined as about 18 years and no injury detected on the body of the victim. It has been further submitted that applicant is in jail since 29.3.2019 having no other criminal history to his credit.
Bail has been opposed by learned AGA on behalf of the State but could not dispute the factum of granting bail to co-accused Rahul who has been granted bail by co-ordinate Bench of this Court vide Crl. Misc. Bail Application No. 20177 of 2019 dated 16.5.2019.
Issues for consideration
1 issue framed by the court
Whether bail should be granted to the applicant accused in the charge of molestation under IPC and POCSO Act.
Parties & counsel
- applicant
Sandeep
Coram
Umesh Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/25056/2019
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