This court allowed a bail application filed by Sanjay Yadav in a case involving offences under IPC 323, 354 and POCSO. The court found that the applicant made out a case for bail without expressing an opinion on the merits.
Applicant released on bail on furnishing a personal bond and two sureties subject to specified conditions.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23946 of 2022
Applicant :- Sanjay Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Chandra Prakash Misra,Narendra Nath Tripathi Counsel for Opposite Party :- G.A.,Prakash Sharma
Hon'ble Deepak Verma,J.
Heard Sri Chandra Prakash Mishra, learned counsel for the applicant, Sri Ram Adhar Ram, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.183 of 2022, under Sections 323 & 354 I.P.C., and Section 7/8 POCSO Act, P.S. Tarya Sujan, District Kushinagar, during pendency of trial.
As per F.I.R., when minor sister of informant was playing outside the house, applicant caught the victim and tried to molest her.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case due to enmity. The applicant is neighbour of the victim and he is not involved in the alleged offence. It has further been argued that victim is ten years old and she has been tutored for false implication of the applicant as there was no source of light at the time of incident. There is no independent witness of the alleged incident. It has further been submitted that there is no injury on the part of her body and the victim has refused for her medical examination. Moreover, there is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is languishing in jail since 23.04.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. vehemently opposed the bail prayer of the applicant but could not dispute the facts narrated by counsel for 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 law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Sanjay Yadav , 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 :- 16.9.2022 Meenu
Digitally signed by MEENU SINGH Date: 2022.09.17 18:27:46 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant ought to be released on bail given the nature of the offence and circumstances surrounding the case.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶11
Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021
2 provisions across 2 enactments
Sanjay Yadav
Deepak Verma
As recorded by the court registry
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