In this bail application regarding offences under the POCSO Act and IPC, the court allowed bail to the applicant, noting innocence pleas and lack of contrary allegations in recorded statements.
Released on bail via personal bond and two sureties subject to specific 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. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34296 of 2021
Applicant :- Pankaj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
In spite of notice served upon opposite party, none appeared on behalf of informant.
Heard learned counsel for the applicant and 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.389 of 2020, under Sections 376, 366, 363 and 504 I.P.C. and Section 3/4 POCSO Act, P.S.Phaphund, District Auraiya, during pendency of the trial.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; from perusal of statement recorded under Sections 161 Cr.P.C. and 164 Cr.P.C., no allegation of rape has been levelled against the applicant; as per statement recorded under Section 164 Cr.P.C. victim on her own sweet will, left her house and went with the applicant, thereafter, they solemnized marriage and stayed with applicant for about twenty days; as per medical report victim is 19 years. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 16.07.2021 and in case he is enlarged on bail he will not misuse the liberty of bail and cooperate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Pankaj Kumar, who is involved in the aforesaid case 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 20.12.2021 Meenu
2 issues framed by the court
Whether bail is maintainable under the circumstances of the case involving offences under the POCSO Act and IPC.
Whether the applicant has made out a case for bail by raising innocence and lack of contrary allegations in earlier statements.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P.Explained¶10
Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 · Who else cites this
5 provisions across 2 enactments
Pankaj Kumar
State of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
