In a bail application, the Hon'ble Court allowed the release of the applicant accused of enticing a minor under IPC and POCSO Act sections, relying on prima facie satisfaction and Dataram Singh, subject to conditions.
Release of applicant on a personal bond and two sureties subject to conditions including attendance at trial and non-tampering with witnesses.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18584 of 2021
Applicant :- Paras @ Parath Opposite Party :- State of U.P. Counsel for Applicant :- Bholeshwar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
As per the office report dated 22.9.2021, notice has been served upon the victim/informant but neither any counter affidavit has been filed nor anyone has put in appearance on his behalf.
Heard Sri Bholeshwar, 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. 100 of 2020, under Sections- 363 of 366 IPC & Section 7/8 POCSO Act, Police Station- Jafarganj, District- Fatehpur, during pendency of trial.
It is submitted by learned counsel for the applicant that the first information report has been lodged by the father of the victim to the effect that his daughter was enticed away by the applicant. Subsequently, the victim has been recovered on 8.10.2020 i.e. after third day of incident. It is next submitted that the statement of the victim recorded under Section 161 Cr.P.C. in which, she has specifically stated that she has gone with the applicant on her own and was known to the applicant. It is next submitted that in the statement recorded under Section 164 Cr.P.C., she developed new story to the effect that two persons namely Yogesh and Poorti along with the applicant had taken her to Ahmadabad by bus and threatened her for dire consequences and the applicant said that if she shouted or called the police, he shall kill her. It is next submitted that there is no allegation of sexual assault against the applicant and other persons. The other persons namely Yogesh and Poorti has already been exonerated from their charge and only the chargesheet has been submitted against the applicant under Sections363 of 366 IPC & Section 7/8 POCSO Act and the investigation in the matter had already been completed. It is next submitted by learned counsel for applicant that applicant is innocent and has falsely been implicated in the present case due to village party pandi. The applicant is in jail since 6.10.2020 and has no criminal history to his credit as stated in paragraph no. 17 to the
affidavit filed in support of the bail application 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.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail. The application is allowed.
Let the applicant, Paras @ Parath who is 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
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.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.9.2021 Akbar
2 issues framed by the court
Whether bail should be granted to the applicant accused of enticing a minor under Sections 363, 366 IPC and POCSO Act.
Whether the prima facie satisfaction of the court and dictum in Dataram Singh support bail in this case.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶11
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
4 provisions across 3 enactments
Paras @ Parath
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
