Court allowed bail application for Kartik accused of offences under IPC and POCSO Act involving enticement of a minor daughter. Released on deposit of bail money and personal bond.
Bail allowed and applicant released on furnishing 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. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28423 of 2020
Applicant :- Kartik Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shravana Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri Dheeraj Kumar Pandey, learned counsel for the complainant and the learned A.G.A.
This is a bail application on behalf of the applicant Kartik in connection with Case Crime No.662 of 2020, under Sections 363, 366, 376 I.P.C. and Section 3/4 The Protection of The Children From Sexual Offences Act, Police Station Kotwali Dehat, district Saharanpur.
The first information report of this incident was lodged on 31.10.2019 against unknown persons by the complainant regarding enticement of his daughter. The incident is alleged to have taken place on 21.10.2019.
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 was major and she came to house of the applicant out of her own sweet will and the alleged victim has solemnized marriage with the applicant and now she is living at the house of the applicant. He further submitted that she is having the pregnancy of three months. He submitted that the applicant is languishing in jail since 03.07.2020 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant and the learned A.G.A. have opposed the bail plea but have not disputed the aforesaid fact.
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 Kartik 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 filed by the applicant under Sections 363, 366, 376 IPC and POCSO Act is fit for grant of bail considering the gravity of the offence.
Whether the applicant, who has been in jail since 03.07.2020, warrants release on bail.
Kartik
State of U.P.
Another
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
