Cr. Misc. Bail Application moved by Vivek Mishra charged with offences under IPC Section 376(2) and POCSO. Court granted bail on personal bond with sureties, noting plea of consent and pandemic conditions.
Applicant released on bail on personal bond and two sureties subject to specified conditions.
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Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16287 of 2021
Applicant :- Vivek Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Pawankumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and gone through the record.
This bail application has been moved on behalf of accused-applicantVivek Mishra, who is involved in Case Crime No. 349 of 2020 under Sections 376(2) I.P.C. and 5/6 of The Protection of Children From Sexual Offences Act, Police Station-Fatehganj Purvi, District-Bareilly.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case; The F.I.R. was lodged by the victim herself with the allegation that the applicant was having physical relationship with her on the pretext of marriage for two years. She has alleged her date of birth as 13.10.2000 in the F.I.R. itself. Thus she is major and seems to be a consenting party. No physical injuries were found on the body of the victim. The applicant is in jail since 24.12.2020 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
Learned A.G.A. appearing for the State has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case, the accused applicant is entitled for bail.
Let the above mentioned applicant involved in aforesaid crime 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 with the following conditions that :-
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/ mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 16.6.2021
MN/-
1 issue framed by the court
Whether the accused, charged with offences under IPC Section 376(2) and POCSO, is entitled to bail despite the severity of the charges.
Vivek Mishra
Umesh Kumar
As recorded by the court registry
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