In Criminal M.C. Bail Apn. No. 38011 of 2017, the Single Judge allowed the bail application of Arvind Singh involved in an offence under IPC and POCSO Act, subject to standard bail conditions including furnishing a personal bond and sureties.
Released on bail on furnishing a personal bond and two heavy sureties each.
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. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38011 of 2017 Applicant :- Arvind Singh @ Betu Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Nath Pandey,Indra Kumar Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. FIR was lodged on the basis of false facts. Victim and informant both have been examined during trial. They have not supported the prosecution case. The applicant has no criminal history. He is languishing in jail since 15.06.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Arvind Singh @ Betu involved in Case Crime No. 282 of 2017, under Sections 376, 313, 504, 506 IPC and Section 3/4 POCSO Act, P.S. Jansa, District - Varanasi be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 13.11.2019 Sanjeet
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a case under Sections 376, 313, 504, 506 IPC and POCSO Act.
2 provisions across 2 enactments
Arvind Singh @ Betu
Om Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
