Single judge allowed bail to Smt. Anita, accused under IPC and POCSO. Noting victim's unsupportive statement under CrPC and strong prima facie case for bail, court granted liberty subject to stringent conditions.
Release on bail with personal bond and two sureties subject to standard and specific conditions.
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Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29977 of 2022
Applicant :- Smt. Anita Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Lakshman Singh Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and have been falsely implicated in the present case. She has not committed the present offence. Victim has not supported the prosecution case in her statement under Section 164 CrPC. She is languishing in jail since 5.5.2022 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
In this matter, prima facie it appears from a perusal of the statement of the victim recorded under Section 164 CrPC that she has not supported the prosecution case. Present applicant is said to be the mother of the main accused Devendra. She is in jail since 5.5.2022. Hence, keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 , 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 Smt. Anita involved in Case Crime No. 45 of 2022, under Sections 363, 366, 109 IPC and 17/8 POCSO Act, P.S. Kuthound, District - Jalaun be released on bail on 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 20.10.2022
safi
Digitally signed by MAHBOOB SAFI Date: 2022.10.21 10:06:49 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a POCSO case where she is accused of kidnapping and cheating and the victim has not supported the prosecution case.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of U.P. and anotherReferred¶8
Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
3 provisions across 3 enactments
Smt. Anita
Nalin Kumar Srivastava
As recorded by the court registry
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