Single judge allowed a bail application filed by Anand Kumar accused of rape and POCSO offences, citing prima facie case and reasonable apprehension of witness tampering without expressing a final opinion on merits.
Applicant released on bail on executing personal bond and furnishing two sureties each to the satisfaction of the court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11368 of 2021
Applicant :- Anand Kumar @ Dablu Opposite Party :- State Of U.P And Another Counsel for Applicant :- Ajay Kumar Misra,Mithlesh Kumar Counsel for Opposite Party :- G.A.,Manoj Yadav
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Manoj Yadav, learned counsel for the informant and the learned A.G.A. for the State.
Case of the applicant is peculiar with contention that through out the F.I.R., u/s 161 Cr.P.C. and u/s 164 Cr.P.C. statement and in the chargesheet the name of the applicant does not figure at all and the applicant was summoned only to face the trial by way of proceeding drawn under Section 319 Cr.P.C. Applicant is innocent and has been falsely implicated in this case on account of village party bandi. The applicant has no role to play in the commission of the offence. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 20.01.2021 in the present case.
The learned A.G.A. and learned counsel for the informant have vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Anand Kumar @ Dablu involved in case crime no.307 of 2018 (Session Trial No.174 of 2019), under Sections 323, 504, 376 (i), 506 IPC and 5/6 Protection of Children From Sexual Offences (POCSO) Act, Police Station Rasra, district Ballia be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 27.10.2021
Raj
2 issues framed by the court
Whether bail should be allowed to the applicant accused of offences under Section 376 IPC and POCSO Act.
Whether the lack of the applicant's name in the FIR and preliminary statements warrants bail.
3 provisions across 3 enactments
Anand Kumar @ Dablu
State Of U.P
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
