In Criminal Misc. Bail Application No. 8657 of 2020, the Court allowed bail for Sachin Kumar, charged with outraging modesty and offences under POCSO, referring to a Supreme Court dictum as the applicant satisfied prima facie case requirements.
Applicant released on bail on furnishing personal bond and two sureties subject to specified conditions.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8657 of 2020
Applicant :- Sachin Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Raj Pandey Counsel for Opposite Party :- G.A.,Rajneesh Kumar Upadhyay
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Shri Rajneesh Kumar Upadhyay, learned counsel for the informant and learned A.G.A.
It is submitted that from perusal of the statement of the minor victim it appears that applicant had tried to outrage her modesty.It is further submitted that father of the applicant is owner of the shop from where family of the victim purchased goods on credit and there was money due against them. They were not interested in returning the money,therefore they have falsely implicated the applicant in this case.The applicant is in jail since 23.12.2019 and has no criminal history.
Learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused, 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Sachin Kumar, who is involved in Case Crime No. 369 of 2019, under Sections 323, 354 Gha(1) (II), 504 I.P.C, and section 11 (iii),12 POCSO Act Police Station- Binauli , DistrictBaghpat, 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 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.
Order Date :- 18.6.2020 Atul kr. sri.
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving outrage of modesty under Section 354 IPC and offences under the POCSO Act.
Whether the alleged motive of false implication suffices for granting bail in the instant case.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶8
(2018)3 SCC 22 · Who else cites this
Sachin Kumar
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
