Court granted bail to applicant Ajay in a POCSO and Section 376 IPC case, citing prima facie satisfaction and Article 21, without expressing opinion on merits.
Release on bail by furnishing personal bond and two sureties in like amount, subject to conditions of attendance, no tampering with witnesses, and no illegal activities.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20424 of 2022
Applicant :- Ajay Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Santosh Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that F.I.R. has been lodged with the delay of four months for which no plausible explanation has been given. There is material contradictions in the statement of the victim recorded under Sections 161 Cr.P.C., 164 Cr.P.C. as well as prosecution version. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 29.5.2021. It has been pointed out that the applicant has no criminal history .
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant- Ajay, be released on bail in Case Crime No. 386 of 2021, under Sections- 376(3), 506 IPC and Section 5(h)(2)/6 of POCSO Act, Police Station- Khora, District- Ghaziabad, on
furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 20.7.2022 A.P. Pandey
Digitally signed by ANAND PRAKASH PANDEY Date: 2022.07.20 17:21:40 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant on grounds of false implication, delay in FIR, and contradiction in prosecution evidence under Article 21.
Whether the applicant should be released on personal bond and sureties subject to specific conditions.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶8
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
Ajay
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
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