This judgment grants bail to the applicant, Sonu Kumar, in a non-bailable offence involving disappearance and alleged gang rape of a minor under IPC and POCSO Act. The court ordered release on a personal bond with two sureties.
Release of applicant on bail subject to a personal bond and two sureties with conditions of attendance and non-interference.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23244 of 2019
Applicant :- Sonu Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sikandar Khan,Sikandar Khan Counsel for Opposite Party :- G.A.,Arvind Kumar
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 314 of 2018, under Sections 363, 368, 376D I.P.C. and section 5(G)/6 of Protection of Children from Sexual Offences (POCSO) Act, P.S. Jahangeerabad, district-Bulandshahar, is seeking enlargement on bail during the trial.
The First Information Report of the incident was lodged by the complainant against two accused persons namely, Lav Kush alias Kalua and Praveen alias Anmol about disappearance of his minor daughter, aged about thirteen years.
Learned counsel for the applicant submits that applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He next submits that the applicant was not named in the first information report but his name was surfaced for the first time in the statement of the victim recorded under Section 164 Cr.P.C. (Annexure-11), in which she has made allegation of gang rape against the present accused and other co-accused. The medical report of the victim does not indicate any marks of violence, injury or sexual assault. Further submission is that similarly placed other co-accused Sarjan Singh has already been enlarged on bail by another Bench of this Court vide order dated 25.9.2018 passed in Criminal Misc. Bail Application No. 32578 of 2018, copy whereof has been filed as Annexure-12 to the affidavit accompanying the bail application. He lastly submits that the applicant, who is in jail since 20.9.2018 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial on the ground of merits as well as parity.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Sonu Kumar be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 10.11.2020 Faridul
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail during the pendency of a trial for offences under Sections 363, 368, 376D IPC and POCSO Act.
Sonu Kumar
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
