Bail application filed by Dheeraj in a case involving IPC Sections 363, 366, 376 and POCSO Act sections 3/4 at Ahmadgarh, District Bulandshahr. Applicant contended regarding prosecutrix age. Court allowed bail without commenting on merits.
Released on bail by furnishing personal bond and two sureties of like amount.
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25571 of 2019
Applicant :- Dheeraj Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Virendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
By way of instant bail application, prayer has been made to enlarge the applicant on bail in Case Crime No. 80 of 2019, under Sections 363, 366, 376 of I.P.C. and Section 3/4 of the POCSO Act, Police Station - Ahmadgarh, District - Bulandshahr.
Learned counsel for the applicant contended that as per first information report, the prosecutrix is aged about 17 years. In her statement under Section 164 of Cr.P.C., the prosecutrix admitted this fact that she had gone with the applicant on her own sweet will. She stated her age to be about 18 years, in her statement under Section 164 of Cr.P.C. There is no evidence on record to show that the prosecutrix is minor. Accordingly no offence is made out against the applicant. He further contended that the applicant bears no criminal antecedent and is languishing in jail since 12.04.2019.
Per contra, learned A.G.A. opposed the prayer for bail.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before this Court deserves to be allowed.
Ordered accordingly.
Let the applicant - Dheeraj be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned.
Order Date :- 1.7.2019 I. Batabyal
2 issues framed by the court
Whether applicants bail application deserves to be allowed in a case under Sections 363, 366, 376 of I.P.C. and Section 3/4 of POCSO Act despite contention regarding prosecutrix age.
Whether bail should be granted without commenting on merits of the case.
2 provisions across 2 enactments
Dheeraj
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
