Single Judge allowed bail for the applicant in a POCSO case involving cheque dispute, citing lack of evidence, no criminal history, and jail overcrowding during the pandemic.
Bail allowed on personal bond and two sureties subject to conditions against tampering with evidence or influencing witnesses.
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. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38532 of 2021
Applicant :- Rama Nand Sagar @ Tuntun Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Affidavit of compliance filed today is taken in the record.
Heard Shri Rajendra Tiwari, learned counsel for the applicant and Sri Anupam Anand, learned brief holder for the State.
A first information report was lodged as Case Crime No.0165 of 2021 at Police Station-Ali Nagar District-Chandauli under Sections 354(ka), 506 IPC and Sections 7/8 POCSO Act.
The bail application of the applicant was rejected by learned Incharge Special Judge (POCSO Act), Chandauli on 19.08.2021.
The applicant is in jail since 17.08.2021, pursuant to the said F.I.R.
Shri Rajendra Tiwari learned counsel for the applicant contend that the applicant has been falsely implicated in the instant case. The criminal case arises out of dispute for payment of hirer charges of the auto. The applicant has not made any indecent videos or taken photographs of the victim. No such video or photograph has been recovered during the course of investigation. No date of alleged incident has been mentioned. Moreover for the past two years because of Covid pandemic the schools had remained closed. As per the case of the prosecution the applicant has been residing in Chandigarh since the past two months. The applicant does not have criminal history apart from this case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Shri Anupam Anand, learned brief holder for
the State could not satisfactorily dispute the aforesaid submissions from the record. However, Sri Anupam Anand, learned brief holder for the State does not dispute the fact that the applicant does not have criminal history apart from this case.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Rama Nand Sagar @ Tuntun involved in Case Crime No.165 of
2021 at Police Station-Ali Nagar DistrictChandouli under Sections 354-k, 506 IPC and Sections 7/8 POCSO Act, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
In case of breach of any of the above conditions, the prosecution shall be at liberty
to move bail cancellation application before this Court.
Order Date :- 8.12.2021 Nadeem
1 issue framed by the court
Whether the applicant is entitled to bail after the bail application was rejected by the Special Judge (POCSO Act).
Rama Nand Sagar @ Tuntun
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
