The single judge allowed a bail application filed by Deepak accused under IPC and POCSO sections. The court noted victim statements indicating voluntary cohabitation and denied the application, ordering release on personal and maintenance bonds.
Released on bail via personal bond and two 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. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39403 of 2019
Applicant :- Deepak Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Chandra Uttam Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
None is present for the opp. party no. 2 in spite of personal service.
It is submitted by learned counsel for the applicant that in medical report the age of victim has been shown about 19 years. At the time of alleged incident the victim was major. In school record her date of birty has wrongly been shown as 1.1.2000. The victim in her statements recorded under sections 161 and 164 Cr.P.C. has stated that she has gone with the applicant on her own sweet will and she has solemnized her marriage with applicant in a temple. She further stated that one daughter was born from their wedlock but she died after four months of her birth. She further stated that she want to live with the applicant. The victim was given in supurdagi of father of the applicant. The victim is living at the house of the applicant. The victim has not made any allegation against the applicant. No offence is made out against the applicant. The applicant is in jail since 8.2.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Deepak involved in Case Crime No. 1169 of 2017, under Section 363, 366 and 376 IPC and 3/4 POCSO Act and Section 3(2) 5 Prevention of Atrocities to S.C./S.T. Act, Police Station Highway District Mathura be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 24.10.2019 Gss
2 issues framed by the court
Whether the applicant is a fit case for bail in a case involving offences under IPC and POCSO.
Whether the medical report regarding the victim's age affects the bail pleas.
3 provisions across 3 enactments
Deepak
State Of U.P.
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Bachchoo Lal
Parties & counsel
