Court allowed bail application against charges of enticement and rapePOCSO, citing delay in FIR and lack of force allegations, directing release on bond and sureties post-pandemic.
Applicant released on bail to furnish personal bond and two sureties subject to conditions; sureties verification required before release order.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11037 of 2021
Applicant :- Arjun Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bratendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
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 Arjun with a prayer to release him on bail in Case Crime No.13 of 2019, under Sections 363, 366, 376 I.P.C. & Section 17/18 Protection of Children From Sexual Offence Act, 2012, P.S. Bewar, District Mainpuri during pendency of the trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. As per First Information Report, informant's minor daughter has been enticed away by the applicant. Counsel for the applicant next submitted that First Information Report is delayed by 45 days and no plausible explanation regarding delay has been given. From the statement of the victim recorded under sections 161 & 164 Cr.P.C., it appears that on her own sweet will, she ran way with the applicant, solemnized marriage with him and lived as husband and wife. No allegation of forceful physical assault or rape has been levelled against the applicant. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 21.01.2019 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed 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, Arjun be released on bail in Case Crime No.13 of 2019, under Sections 363, 366, 376 I.P.C. & Section 17/18 Protection of Children From Sexual Offence Act, 2012, P.S. Bewar, District Mainpuri, 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 :- 8.12.2021/SKD
2 issues framed by the court
Whether the applicant is entitled to be released on bail in case of serious offences under POCSO and IPC alleging enticement.
Whether a 45-day delay in filing the First Information Report affects the bail grant.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 · Who else cites this
2 provisions across 2 enactments
Arjun
State of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
