Salman v. State of U.P.
Case brief
What is this about?
This Court allowed a second bail application for a non-bailable offence under the POCSO Act. The Court held prima facie that a case for bail is made out without expressing an opinion on merits and directed speedy trial within one year.
What did the court decide?
Bail granted subject to execution of personal bond, two sureties, and strict adherence to conditions regarding evidence and witness contact.
What the court decided
Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 705 of 2019
Applicant :- Salman Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned AGA for the State.
Applicant has moved the present second bail application seeking bail in Case Crime No.0012 of 2018 u/s 376/511 IPC and 7/8 POCSO Act PS Mantola District Agra. The first bail application was rejected by this Court vide order dated 30.8.2018.
Contention of the learned counsel for the applicant is that subsequent to rejection of the first bail application, the first informant has been examined as PW-1 Hina Kausar, the mother of the girl and she has categorically stated that "maine ghatna apni ankhon se nahi dekhi. maine apni ankhon Salman ko ghatna karte nahi dekha lekin bachchi ne mujhe ghatna ki jankari di." She has further stated that "maine Salman ko bhagte huye nahi dekha." Further contention is that applicant is in jail since 20.3.2018 and in case he is released on bail, he will not misuse the said liberty.
Learned AGA has opposed the bail application of the applicant.
In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
Issues for consideration
1 issue framed by the court
Whether bail should be granted to the applicant in a first information offence involving Section 376/511 IPC and POCSO Act.
Parties & counsel
- applicant
Salman
- respondent
State Of U.P.
Coram
Vipin Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/705/2019
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