Criminal Misc. Bail Application filed by Ankit Saini accused under sections 376 IPC and POCSO. Applicant submitted innocence and lack of sexual assault allegation. Court granted bail with personal bond and sureties.
Release on bail with personal bond and two sureties subject to vide enforcement of conditions.
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. - 30993 of 2021
Applicant :- Ankit Saini Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yogesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Mukesh Kumar Upadhaya, learned counsel holding brief of Sri Yogesh Kumar Mishra, learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant, who is involved in Case Crime No. 290 of 2021, under Sections 376, 363 I.P.C. and Section 3/4 of POCSO Act, P.S. Nandgram District Ghaziabad, is seeking enlargement on bail.
It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in this very case crime number. As per the FIR, which was lodged against the applicant with the allegation that the applicant enticed away the daughter (Priyanka @ Priti) of the informant, who is aged about 17 years. It is also submitted that the victim was recovered on 27.5.2021 from the custody of the applicant. It is next submitted that after the recovery of the victim, the statement of the victim was recorded under Section 164 of Cr.P.C., in which she has specifically stated that she is aged about 17 years and has gone with the applicant on her own free will. It is also stated in her statement that they had performed marriage on 7.5.2021 and were living as husband and wife. There is no allegation of rape or penetrated sexual assault against the applicant as apparent from the content of the FIR and the statement of the victim recorded under Section 164 of Cr.P.C., the provision of Section 376 IPC and Section 3/4 of POCSO Act, are not at all attracted in this case. It is further submitted that the applicant is a student aged about 21 years. Applicant is of no criminal antecedents and is languishing in jail since 28.6.2021. There is no likelihood of fleeing from the course of justice or tampering with evidence. Hence, bail, during trial, has been prayed for.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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.
Let the applicant, Ankit Saini, 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 :- 22.10.2021 Sweety
1 issue framed by the court
Whether bail should be granted to the applicant accused of encryption and abduction under sections 376 IPC and POCSO Act.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶9
(2018) 2 SCC 22 · Who else cites this
1 provisions across 1 enactments
Ankit Saini
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
