Single judge High Court allowed bail to Vikas in a POCSO and IPC case after hearing co-accused's bail and noting consenting victim statement, subject to personal bond and sureties.
Released on bail on personal bond and two sureties each, subject to verification by court.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8792 of 2020
Applicant :- Vikas Opposite Party :- State of U.P. and Another Counsel for Applicant :- V.P. Singh Kashyap,Manish Kumar Kashyap Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Counter affidavit filed on behalf of the State is taken on record. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record..
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.395 of 2019, under Sections 363, 366 IPC and 3/17 POCSO Act arising out of S.S.T. No. 2911 of 2019, Police Station-Bilsi, District-Budaun, during pendency of trial.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present due to ulterior motive. It is further submitted that the statement of victim u/s 161 Cr.P.C. has been recorded, in which she specifically stated that she was consenting party and she has gone along with co-accused, namely, Devendra not the applicant. It is further submitted that co-accused Sagarpal having identical role to the applicant had already been granted bail by the co-ordinate Bench of this Court on 10.9.2020 in Criminal Misc. Bail Application No. 9224, therefore, the applicant is entitled for bail on the ground of parity. The applicant is in jail since 7.12.2019 and has no criminal history and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, 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, Vikas who is 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 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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 7.12.2020 Akbar
1 issue framed by the court
Whether the applicant is entitled to bail under Sections 363, 366 IPC and 3/17 POCSO Act given allegations of false implication and complicity issues.
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
Vikas
State of U.P.
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Rajiv Joshi
Parties & counsel
