Court allowed bail in a criminal case involving offences under IPC and POCSO Act. Court held applicant made out a case for bail considering nature of offence and evidence, while staying expression of opinion on merits.
Release on bail with personal bond and two sureties subject to conditions of not tampering with witnesses and cooperating in trial.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29193 of 2022
Applicant :- Dheeraj Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sudhir Mehrotra,Dhirendra Kumar Agrahari Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard 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. 212 of 2022, registered under Sections 354-Gha, 323, 308, 504 I.P.C. and Section 7/8 of POCSO Act, Police Station Sikandarabad, District Bulandshahr during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Allegation in the FIR is that the applicant used to chase the grand-daughter of the informant while she goes to school. On perusal of statement of witnesses and FIR, no case is made out under the alleged sections. The applicant is student and due to village party bandi, applicant has been implicated in the present case. There is no independent eyewitness of the alleged incident. In the present case, injury received are simple in nature and no fracture shown in the X- ray report. The applicant having no previous criminal antecedents. The applicant is languishing in jail since 14.03.2022. 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, Dheeraj, 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 :- 22.8.2022 Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.08.22 17:08:57 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail in a case involving POCSO and IPC offences.
Whether the applicant has made out a prima facie case for release on bail.
Whether the conditions of bail should be imposed to prevent tampering with evidence.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P.Referred¶9
Dataram Singh Vs. State of U.P. and another (2018) 3 SCC 22 · Who else cites this
2 provisions across 2 enactments
Dheeraj
State Of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
