Hon'ble Court allowed bail to Vivek Yadav in a case involving sexual offences under IPC and POCSO. Court observed as a fit case for bail without expressing opinion on merits and granted release upon executing bond with penalties.
Applicant released on bail upon executing personal bond and furnishing two sureties with specific conditions.
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. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28374 of 2020
Applicant :- Vivek Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anish Kumar Singh,Kalp Dev Mishra,Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed today, is taken on record.
The Court has been informed that the notice issued to opposite party no.2 has been served but no one is present on behalf of the opposite party no.2.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Vivek Yadav in connection with Case Crime No.432 of 2020, under Sections 363, 366, 376, 511 I.P.C. and 3/4/18 of Protection of Children From Sexual Offences Act, 2012, Police Station Kotwali, district Ghazipur.
The first information report of this incident was lodged by the complainant about the disappearance of his daughter. It was alleged in the first information report that the applicant had enticed away the daughter of the applicant.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the alleged victim is major. He submitted that the alleged victim has specifically stated in her statement recorded under Section 161 Cr.P.C. that she is 18 years old. He further submitted that as per medical the age of the alleged victim was found to be above 18 years. He further submitted that she gone out of her own sweet will. He submitted that the applicant is languishing in jail since 16.06.2020 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Vivek Yadav involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court; iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
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 :- 3.12.2020
R./
2 issues framed by the court
Whether the bail application in a case involving sections 376 IPC and POCSO is a fit case for bail when the applicant claims the victim is a major.
Whether the applicant should be released on bail pending trial subject to conditions.
Vivek Yadav
State of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
