Court granted bail to the applicant in a criminal case involving sections 363, 366, 376-D IPC and POCSO, 2012, holding it a fit case for bail based on facts and circumstances without commenting on merits.
Applicant released on bail by furnishing a personal bond and two reliable sureties of the like amount.
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26361 of 2019
Applicant :- Dharmendra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arunkumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Rakesh Kumar Tiwari, Advocate holding brief of Sri Arun Kumar Mishra, learned counsel for the applicant, learned A.G.A., and perused the record.
This bail application has been moved by the applicant who is involved in Case Crime No. 235 of 2018, under Sections 363, 366, 376-D I.P.C. and 5/6 POCSO, 2012, Police StationBaghauchghat, District- Deoria.
As per prosecution version, on 21.11.2018 prosecuterix aged about 17 years enticed and took away by co-accused Sanjay Prasad. FIR has been lodged on 22.12.2018 after one month of the occurrence without any plausible explanation. On the basis of statement of prosecuterix under section 164 Cr.P.C. applicant has been made an accused in this case.
Learned counsel for the applicant contended that prosecuterix is major. She has gone with co-accused Sanjay Prasad and married with him. It is further contended that prosecuterix lived with coaccused Sanjay Prasad for about four months and moved with him on several places. Applicant is friend of Sanjay Prasad due to which he has been made accused in this case with false allegation. Accordingly, no offence has been made out against the applicant.
Learned A.G.A., has opposed the prayer for bail.
As per medical report age of the prosecuterix is 18 years. In her statement under section 164 Cr.P.C. prosecuterix admitted this fact that co-accused Sanjay Prasad enticed and took away her. She has gone with him and lived with him for about four months.
Without commenting any opinion on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant- Dharmendra , be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court, concerned.
Application stands allowed.
Order Date :- 3.7.2019 Swati
2 issues framed by the court
Whether the applicant is eligible for bail in a case involving Section 376-D IPC and POCSO, 2012.
Whether the desertion by the prosecuterix after living with the co-accused negates the offence against the applicant.
Dharmendra
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
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