Allowed

Dharmendra v. State of U.P. and Another

Allahabad HC13 Feb 2020BAIL/6598/2020

Case brief

AI extract

What is this about?

Single judge ordered bail for applicant under Section 438 CrPC. Court granted release emphasizing no material opposition from the State, though it expressly declined to express an opinion on the merits of the charges.

What did the court decide?

Release on bail via personal bond and two sureties with conditions against tampering, intimidation of witnesses, and mandatory court appearance.

Dharmendra Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2020)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6598 of 2020

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Applicant :- Dharmendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ved Prakash Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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The present bail application has been filed by the applicant in Case Crime No. 185 of 2019, u/s 363, 366, 376 IPC and 3/4 POCSO Act and 392)5 SC/ST Act, P.S. Mandawar, District Bijnor with the prayer for enlarging him on bail.

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It is submitted by learned counsel for the applicant that though in the F.I.R. it is alleged that the prosecutrix is aged about 15 years however in he medical report C.M.O. certified her age to be 18 years as per ossification test, he has further argued that from the statement recorded u/s 164 Cr.P.C. it appears that she was a consenting party wherein she has admitted that she has gone with the applicant to Haridwar and had also hired room and solemnized marriage in a temple.

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Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.

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In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.

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Let the applicant Dharmendra involved in the aforesaid case crime number 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:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii)The applicant will appear before the trial court on the date fixed.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 13.2.2020 Dhirendra/

Dharmendra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Dharmendra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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