Court released applicant Krishna on bail in a POCSO case involving Sections 363, 366 IPC and 3/4 POCSO Act, relying on Dataram Singh, imposing standard conditions including personal bond and sureties pending court restoration.
Release on bail with personal bond and two sureties subject to standard conditions and suspension pending court restoration.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31194 of 2020
Applicant :- Krishna Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Narayan Dwivedi,Ratnesh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
As per the office report dated, 14.12.2020, notice upon opposite party no.2 has been served personally, but neither anybody has put in appearance on his behalf nor any counter affidavit has been filed.
Heard Sri Om Narayan Dwivedi, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This instant bail application has been filed for releasing the applicant on bail in Case Crime No. 119 of 2020, under Sections 363, 366 IPC and 3/4 POCSO Act, P.S. Saidnagli, District Amroha, during pendency of trial.
It is contended by learned counsel for the applicant that he has falsely been implicated in the present case. As per the first information report, co-accused Arjun along with the present applicant had enticed away the victim. It is next contended by learned counsel for the applicant that the allegation for committing rape etc. is against co-accused Arjun. In the statement recorded under Section 164 Cr.P.C., it is stated by the victim that Arjun along with the applicant had given some toxic drink to her, and a result thereof, she became unconscious. Thereafter, co-accused committed rape with her. It is next contended by learned counsel for the applicant that as per the medical report, age of the victim is 17 years and it is well established that there can be margin of plus/minus two years in the age as medically determined. The role assigned to the applicant is distinguishable from the role assigned to coaccused Arjun. It has been further submitted that applicant is in jail since 15.07.2020, having no other previous criminal history to his credit and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for
the applicant.
Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another , reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant- Krishna involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 15.12.2020
Noman
1 issue framed by the court
Whether the applicant entitled to bail release conditional upon furnishing personal bond and sureties in the circumstances of case.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherExplained¶11
Dataram Singh Vs. State of U.P. and another , (2018) 3 SCC 22 · Who else cites this
Krishna
State of U.P.
Rajiv Joshi
As recorded by the court registry
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