In a bail application under Section 363 IPC and POCSO, the court granted bail to the applicant without expressing opinions on the merits, citing the victim's statement and lack of criminal history.
Bail granted on personal bond and two local sureties, subject to appearing in court and not tampering with evidence or witnesses.
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. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13251 of 2021 Applicant :- Satendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State respondent.
It is contended that as per the medical report dated 03.12.2020 age of the victim is about 18 years. It is further contended that in the statement of the victim recorded under Section 164 Cr.P.C. she stated that she was having love affair with the applicant and she had gone of her own freewill. It is also contended that the applicant has been falsely implicated in this case due to ulterior motive. No allegation was made by the victim in her statement under Section 164 Cr.P.C. against the applicant. It is further contended that the applicant has no criminal history and he is in jail since 06.12.2020 and if he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Perused the first information report as well as averments made in the application..
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, let the applicant- Satendra, involved in Case Crime No. 0455 of 2020, under Section 363 I.P.C. and 7/8 Prevention of Children from Sexual Offences Act, Police Station Ram Chandra Mission, District Saharanpur be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of court concerned subject to the conditions that he:
In case of default of any of the aforesaid conditions, this bail order shall automatically stand cancelled.
Order Date :- 15.3.2021
SKT/-
1 issue framed by the court
Whether the applicant is entitled to bail considering that the victim did not make any allegation in her statement under Section 164 Cr.P.C. and the age of the victim is 18 years.
1 provisions across 1 enactments
Satendra
State of U.P.
Vivek Varma, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
