This bail application was allowed for the applicant Mangal Singh charged under IPC and POCSO sections. The court relied on parity principles and the victim's age, granting bail without expressing an opinion on the merits of the case.
Release on bail upon furnishing a personal bond and two local sureties subject to standard conditions.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38885 of 2020
Applicant :- Mangal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ram Neta Singh Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard Sri R. N. Singh, learned counsel for the applicant, Sri Arun Kumar Sharma, learned counsel for informant, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant- Mangal Singh with a prayer to release him on bail in Case Crime No.120 of 2019, registered under Sections 363, 366, 120-B, 376 I.P.C. and Section 7/8 of POCSO Act, 2012, Police Station Barnahal, District Mainpuri during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to mala fide intention; the applicant was not named in the FIR, as his name came into light in the statement of victim recorded under Section 164 Cr.P.C. but there is no whisper about sexual assault against the applicant and as per her statement the victim has solemnized marriage with the applicant. As per medical report, the victim is major, who is aged about 18 years. It is further submitted that the co-accused, namely, Jagdish and Smt. Dauly have been granted bail by this Court in Criminal Misc. Bail Application Nos.16028 of 2020 and 22159 of 2020 vide orders dated 22.06.2020 and 01.09.2020 respectively, and the applicant having same role as co-accused, namely, Smt. Dauly, hence, the applicant is also entitled for bail on the ground of parity. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 19.11.2019.
Per contra, learned A.G.A. as well as learned counsel for the informant opposed the bail prayer of the applicant and submitted that the applicant was named in the statement of victim recorded under Section 164 Cr.P.C., hence, the applicant should not be granted bail.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and the statement of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C., medical report regarding age of the victim and evidence on record regarding complicity of the accused and the view laid down by the 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, the applicant is entitled for bail. The bail application is allowed.
Let the applicant- Mangal Singh, who is involved in Case Crime No.120 of 2019, registered under Sections 363, 366, 120-B, 376 I.P.C. and Section 7/8 of POCSO Act, 2012, Police Station Barnahal, District Mainpuri, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions. Further, before issuing the release order, the sureties be verified :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 :- 1.12.2020 Nitin Verma
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a POCSO case involving complicity.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
(2018) 3 SCC 22 · Who else cites this
Mangal Singh
State of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
