Allowed

Rajveer v. State of U.P.

Allahabad HC22 May 2019BAIL/37546/2018

Case brief

AI extract

What is this about?

The court allowed bail to the accused applicant in a criminal case involving offences under Section 377/511 I.P.C. and POCSO. The applicant was not produced with the victim boy before the Magistrate for a statement under Section 164 Cr.P.C. He was released on furnishing a personal bond and two sureties.

What did the court decide?

Accused released on bail upon furnishing a personal bond and two sureties subject to specified conditions.

Rajveer Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2019)

¶1

Court No. - 22

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37546 of 2018

¶3

Applicant :- Rajveer Opposite Party :- State Of U.P. Counsel for Applicant :- Rakesh Kumar Verma,Rakesh Pandey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Umesh Kumar,J.

¶5

Heard learned counsel for the applicant, learned A.G.A and gone through the record.

¶6

This bail application has been moved on behalf of accusedapplicant- Rajveer , who is involved in case crime no. 822 of 2018 under Section 377/ 511 I.P.C., & 9/10 POCSO Act, Police Station- Majhola, District- Moradabad.

¶7

It is submitted by the learned counsel for the applicant that he has falsely implicated in the present case; that the I.O. has not produced the victim boy before any competent Magistrate for recording the statement under Section 164 Cr.P.C. and the victim boy has also not medically examined; that there is no independent witness of the case. It is further submitted that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. It is lastly contended that the accused applicant is languishing in jail since 12.8.2018.

¶8

Learned A.G.A has opposed the prayer for bail.

¶9

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.

¶10

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:-

¶11

The applicant shall not tamper with the prosecution evidence, shall cooperate in investigation or trial and shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶12

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶13

Order Date :- 22.5.2019//Fhd.

Rajveer v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rajveer v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sahdev Vs State of U.P.

Shiv Prasad Vs State of U.P.

Shiv Bhushan Singh and Others Vs State of U.P. and Others

Lakhvindar Vs State of U.P.

Rohit Kumar Vs State of U.P.

Akram and Another Vs State of U.P.