Single judge court allowed a bail application filed by Rajjak Ansari in a case involving offences under Sections 354, 506 IPC and POCSO. The court observed the applicant made a case for bail and directed release on bond with sureties.
Applicant directed to be released on bail on furnishing personal bond and two sureties.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17853 of 2022
Applicant :- Rajjak Ansari Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Upendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.18 of 2022, registered under Sections 354, 506 I.P.C. and Section 7/8 of POCSO Act, Police Station Khadda, District Kushinagar during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is neighbour of the informant and due to village politics applicant has been implicated in the present case. Prosecution case is that the applicant often used filthy language while carrying and going in the village at the house of informant. No specific time is mentioned in the FIR. Victim is aged about 18 years. Informant and applicant are neighbour and dispute arose between them on account of throwing garbage. To pressurize the applicant, present FIR has been lodged. The applicant has no any previous criminal antecedents. The applicant is languishing in jail since 23.01.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate 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 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, Rajjak Ansari, 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 :- 31.8.2022 Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.09.02 10:17:55 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant satisfies the conditions for bail in a case involving offences under Sections 354, 506 IPC and POCSO Act.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
(2018) 3 SCC 22 · Who else cites this
Rajjak Ansari
State Of U.P.
Deepak Verma
As recorded by the court registry
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