Jageshwar v. State of U.P.
Case brief
What is this about?
The Court released the applicant on bail in a criminal case involving charges under Section 354 IPC and Section 8 POCSO Act, subject to standard conditions including furnishing a bond and sureties.
What did the court decide?
Release on bail by furnishing a personal bond and two reliable sureties.
What the court decided
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6737 of 2019
Applicant :- Jageshwar Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh Sengar Counsel for Opposite Party :- G.A.,Priyanka Devi
Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Applicant-Jageshwar seeks bail in Case Crime No. 04 of 2019, under Sections 354 (Ka) I.P.C. and Section 8 POCSO Act, P.S. Kulpahar, District-Mahoba.
It has been contended by the learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive; that the applicant and first informant are living in the same village and there is despute between them in respect of agricultural land; that there are material contradictions in the statements of proseuctirx under Section 161 & 164 Cr. P.C. and they are also in contradiction with the averments made in FIR; that the averments made in the FIR are absolutely false, baseless and highly improbable; that the medical examination report does not support the prosecution case and committal of rape with her; lastly, it is submitted that the applicant has no criminal history; applicant is in jail since 05.01.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned AGA has vehementally opposed the prayer for bail.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving charge under Section 354 IPC and Section 8 POCSO Act.
Parties & counsel
- applicant
Jageshwar
Coram
Ghandikota Sri Devi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/6737/2019
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