The High Court granted bail to the applicant in a child sexual offences case pending inquiry. Relying on parity and the Apex Court judgments in Dataram Singh and Satendra Kumar Antil, the court held the applicant was entitled to bail.
Released on bail furnishing a personal bond and two sureties each in like amount subject to verification and conditions.
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. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18178 of 2022
Applicant :- Akshya Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Vishnu Kumar Counsel for Opposite Party :- G.A.,Jitendra Pal Singh,Pradeep Kumar Singh
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Shri Jitendra Pal Singh, learned counsel for the informant and learned A.G.A for the State.
The submission is that co-accused, Monu, has already been enlarged on bail vide Criminal Misc. Bail Application No. 16448 of 2022 on 18.7.2022 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 9.3.2022.
On the other hand learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22, and recent judgement dated 11.7.2022 of the Apex Court in the case of Satendra Kumar Antil Vs. C.B.I., passed in S.L.P. (CRL.) No. 5191 of 2021 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, Akshya, involved in Case Crime No. 26 of 2022, under Section 342,354-B,323,504 IPC, 7/8 POCSO Act Police Station- Chola DistrictBulandshahar, 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, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 28.7.2022 Atul kr. sri.
Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.07.28 18:11:27 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant based on parity with a co-accused already released on bail and grounds of Article 21.
Whether the applicant has made out a case for bail without expressing opinion on the merits.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherExplained¶8
(2018)3 SCC 22 · Who else cites this
Satendra Kumar Antil Vs. C.B.I.Explained¶8
Satendra Kumar Antil Vs. C.B.I., S.L.P. (CRL.) No. 5191 of 2021
6 provisions across 3 enactments
Akshya
State Of U.P.
Siddharth
Atul Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
