Criminal Misc. Bail Application allowed for applicant Kishan Saxena charged with kidnapping, rape, POCSO and SC/ST Act offences. Court found case made out for bail considering contradictory statements and heavy dockets.
Applicant to be released on bail by furnishing personal bond and two local sureties each in like amount.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40594 of 2020
Applicant :- Kishan Saxena Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Gupta Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard Sri Gaurav Gupta, learned counsel for the applicant, 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 Kishan Saxena with a prayer to release him in Case Crime No.13 of 2020, under sections 363, 376 I.P.C., 5(j)(ii) Protection of Children From Sexual Offences (POCSO) Act & 3(2)V SC/ST Act, Police Station Khutar, District Shahjahanpur 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. According to FIR, informant (father of the victim) lodged FIR against the applicant stating therein that the victim whose marriage was fixed with some other person, was enticed away by the applicant and the victim absconded alongwith jewellery and cash which was kept for her marriage. The statements of the victim recorded under sections 161 & 164 Cr.P.C. are not disclosing the offence under sections 363 & 376 I.P.C. The statements recorded under sections 161 & 164 Cr.P.C are contradictory and not supporting the version of FIR. The victim in her statement deposed that she herself went with the applicant and solemnized marriage with the applicant but she has not made any allegation of sexual assault or rape against the applicant. As per medical report and statements of the victim, no case is made out against the applicant. 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 12.02.2020.
Per contra, learned A.G.A.oppose the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in
view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Kishan Saxena , who is involved in Case Crime No.13 of 2020, under sections 363, 376 I.P.C., 5(j)(ii) Protection of Children From Sexual Offences (POCSO) Act & 3(2)V SC/ST Act, Police Station Khutar, District Shahjahanpur, be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned, subject to 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 :- 2.12.2020 SKD
2 issues framed by the court
Whether the applicant entitled to bail in offences under IPC Sections 363, 376, POCSO Act and SC/ST Act.
Whether the statements of victim under sections 161 and 164 Cr.P.C. disclose offences under IPC Sections 363 and 376.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherFollowed¶10
Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 · Who else cites this
Kishan Saxena
State of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
