Affirmed the decision to grant bail to Sher Khan in a criminal case involving child abduction, trafficking, and POCSO charges. The court noted the victim's age was major and prosecution support was weak.
Released on bail on furnishing a personal bond and two sureties each in the like amount.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17863 of 2022
Applicant :- Sher Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.,Mashaluddin Shah
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned counsel for complainant as well as learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case. Allegedly, he enticed away the daughter of informant who was minor at the time of alleged incident. Further submitted that the victim was major. and her age was determined as 19 years during medical examination and she has not supported the prosecution case in her statement before the learned trial court. There is nothing on record to substantiate the version as mentioned in the F.I.R. The informant has also not supported the prosecution case. There is no criminal history against the applicant. He is languishing in jail since 26.9.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for complainant as well as learned AGA opposed the prayer for bail but acceded the fact that even the victim has not supported the prosecution case before the learned trial court.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, age of the victim & her statement and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sher Khan involved in Case Crime No. 161 of 2021, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act & Section 3(2)(5) S.C./S.T. Act, P.S. Badgaon, District Saharanpur 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 :- 8.8.2022 A. Singh
Digitally signed by ANURAG SINGH Date: 2022.08.11 13:49:09 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant Sher Khan is entitled to bail in a case involving sections 363, 366, 376 IPC and POCSO.
Sher Khan
State Of U.P.
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
