The Court allowed bail to the applicant charged under sections 366, 376 IPC, 67 IT Act and POCSO. The Court observed that the witness retracted her police statement and the applicant had been in jail since 2019.
Accused released on personal bond and two heavy sureties each, subject to standard bail conditions.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5505 of 2020
Applicant :- Akash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He has not committed present offence. Victim is major as per radiological report. She was examined before the court during trial, but she did not support the prosecution case. Even when statement under section 164 Cr.P.C. was placed before her, she stated that statement under section 161 Cr.P.C. was made by her due to pressure of police. Applicant is languishing in jail since 31.3.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Akash involved in Case Crime No.164 of 2019 under Sections 366, 376 I.P.C. and 67 Information Technology Act and 3/4 POCSO Act, Police Station Karhal, District Mainpuri be released on bail on furnishing a personal bond and two heavy 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, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 5.2.2020 ss
2 issues framed by the court
Whether the applicant has made out a case for bail in charges involving 366, 376 IPC, Section 67 IT Act and POCSO.
Whether the victim's retraction of her statement under Section 161 Cr.P.C. supports grant of bail.
2 provisions across 1 enactments
Akash
State of U.P.
Om Prakash-VII
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
