In this criminal miscellaneous bail application, the High Court of Judicature at Allahabad allowed the prayer for bail for the applicant, who was accused under Sections 376, 506 IPC and POCSO Act.
Applicant released on bail on executing a personal bond and furnishing two sureties.
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. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28995 of 2020
Applicant :- Vishal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Birendra Singh,Karunesh Pratap Singh,Shyamu Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case and he has not committed any offence. The story of the prosecution has been said to be false and baseless. It has also been stressed upon that the applicant and the victim both are indulged in consensus love affair. He added that victim is major. The applicant has no criminal history. He further submits that in case, he is admitted to bail, there is no possibility of his absconding and misusing the liberty of bail. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. He is languishing in jail since 06.06.2020 in the present case.
The learned A.G.A. has 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- Vishal involved in case crime no. 145 of 2020, under Sections 376, 506 IPC and 3/4 POCSO Act, Police Station- Sahjanwa, district- Gorakhpur 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 :- 10.6.2021
Raj
Digitally signed by Justice Arvind Kumar Mishra Date: 2021.06.14 15:11:30 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the bail application under Sections 376, 506 IPC and POCSO Act should be allowed given the reasonable apprehension of tampering with witnesses and prima facie case.
Vishal
Arvind Kumar Mishra
As recorded by the court registry
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