Criminal Bail Application allowed. Applicant released on personal bond and sureties subject to conditions not to tamper with evidence or commit crimes, considering prima facie case for bail in IPC and POCSO offences.
Applicant released on bail on personal bond and two sureties subject to conditions of cooperation and non-interference.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21836 of 2022
Applicant :- Jaggu @ Jay Kumar Gupta Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pradeep Kumar Keshri,Hemant Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Learned AGA submits that notices have been served upon opposite party Nos.2 to 4 on 17.05.2022 but no one has appeared on their behalf.
Learned counsel for the applicant has filed two supplementary affidavits, namely, second and third supplementary affidavit, which are taken on record.
Heard Pradeep Kumar Keshri, 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. 145 of 2021, registered under Sections 363, 366-A I.P.C. and Section 11/12 of POCSO Act, Police Station Jogiya Udaipur, District Siddharth Nagar during pendency of the trial.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case due to mala fide intention. The statement of victim recorded under Sections 161 and 164 Cr.P.C. are not corroborating the facts as mentioned in the FIR. The victim in her statement submitted that she was scolded by her parents thereafter she left the house on her own will. As per radiological report, victim was major. The applicant is languishing in jail since 30.03.2022 having no criminal antecedents. 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, Jaggu Teli @ Jay Kumar Gupta, 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 :- 6.7.2022
Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.07.06 17:37:04 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant has made out a prima facie case for bail under Sections 363, 366-A IPC and POCSO Act.
Whether false implication and lack of corroboration by victim statement warrant release on bail.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶12
(2018) 3 SCC 22 · Who else cites this
3 provisions across 3 enactments
Jaggu @ Jay Kumar Gupta
State of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
