This judgment allows bail in a criminal case involving offences under IPC Sections 452, 354-B, 506 and POCSO. The court held that a case for bail is made out due to the absence of criminal antecedents despite vehement opposition from the State.
Release of the applicant on bail on executing a personal bond and two reliable sureties in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33165 of 2021
Applicant :- Jai Prakash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suneel Kumar Mishra,Amit Kumar Mishra,Hemant Sharma Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Jai Prakash, in Case Crime No. 1398 of 2021, under Sections 452, 354-B, 506 I.P.C. and Section 7/8 of Protection of Children From Sexual Offence Act, Police Station-Kotwali Dehat, District-Bulandshahar.
Heard Shri Hemant Sharma, learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 18.06.2021; he is of no criminal antecedent; First Information Report was got lodge don 18.06.2021, where as the occurrence was said to be of 14.06.2021, whereas, in the statement under Section 161 Cr.P.C. the prosecutrix has said the occurrence to be of 14.08.2021, no untoward except outraging modesty is there; same is in the statement under Section 164 Cr.P.C., whereas, medical examination was refused by the prosecutrix herself; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail; hence bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedents.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Jai Prakash , involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 21.1.2022 Deepak/
3 issues framed by the court
Whether bail is maintainable in a case involving offences under Sections 354-B IPC and POCSO given the lack of criminal antecedents and inconsistencies in the FIR.
Whether the applicant poses a risk of fleeing or tampering with evidence warranting denial of bail.
Whether the discrepancies in the date of occurrence and medical refusal justify granting bail.
2 provisions across 2 enactments
Jai Prakash
State of U.P.
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
