In a criminal bail application regarding offences under IPC and POCSO Act, the court considered arguments of innocence and lack of trial delay before allowing bail subject to sureties and conditions.
Release on bail by furnishing a personal bond and two sureties subject to specified conditions.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15653 of 2022
Applicant :- Gyanendra @ Chhotai Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Arunesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Counter affidavit, filed on behalf of State, is taken on record.
Heard learned counsel for the applicant; learned A.G.A. for the State and perused the material placed on record. None appeared on behalf of informant in spite of notice being served upon him.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.348 of 2021, under Sections 363, 366, 376 I.P.C., and Section 5/6 POCSO Act, 2012. P.S. Kaptanganj, District Kushinagar, during pendency of the trial.
It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case; the allegation is that applicant enticed the daughter of informant; the statement recorded under Sections 161Cr.P.C. and 164 Cr.P.C. are not supporting the version of F.I.R.; victim in her statement averred that she used to talk with the applicant and she left her parental home on her own free will and went to Mumbai with the applicant and solemnized marriage. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 21.01.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. 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, Gyanendra @ Chhotai, 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 :- 18.8.2022 Meenu
Digitally signed by MEENU SINGH Date: 2022.08.23 12:02:01 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherExplained¶10
Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 · Who else cites this
3 provisions across 3 enactments
Gyanendra @ Chhotai
State Of U.P.
Deepak Verma
As recorded by the court registry
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