Sher Singh v. State of U.P.
Case brief
What is this about?
Court allowed a bail application under sections 363, 366A, 376D IPC and POCSO Act, noting age doubt of victim and lack of prior record.
What did the court decide?
Applicant released on bail executing personal bond and furnishing two sureties with specified attendance conditions.
What the court decided
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4187 of 2021
Applicant :- Sher Singh Opposite Party :- State of U.P. Counsel for Applicant :- Kamalesh Kumar Nishad,Dharmendra Kumar Dohare,Kanhaiyalal Bind,Yogesh Kumar Mishra Counsel for Opposite Party :- G.A.,Joveen Kumar
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Joveen Kumar, learned counsel for the informant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention, in brief, is that so far as the prosecution story is concerned, the same has been twisted and the statement of the victim itself is indicative of the falsehood involvement of the applicant in this case, whereas, no offence, whatsoever, has been committed by the applicant. To be specific, the age of the prosecutrix would go beyond 18 years as the ossification test which rates her age between 16-18 years. If margin of two years added, it would cross beyond 18 years.
It has been further added that obviously, the victim while cooking food herself moved out of her house. It is not the case that anyone came inside the house of the victim and took her away. She while leaving her home took ornaments weighing 1kg and Rs.50,000/- in cash. The statement of the prosecutrix recorded under Sections 161 and 164 Cr.P.C. marks itself that statement recorded under Section 161 Cr.P.C., if believed, then statement recorded under Section 164 Cr.P.C. stands belied and cannot be termed as described in the first information report. Similarly circumstanced coaccused Bajrangi Pasi has already been admitted to bail by coordinate Bench of this Court vide order dated 01.07.2021. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to be released on bail given the age dispute and lack of criminal history.
Whether reasonable apprehension of tampering with witnesses exists which might bar bail.
Parties & counsel
- applicant
Sher Singh
- respondent
State of U.P.
Coram
Arvind Kumar Mishra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/4187/2021
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