This bail application allowed the release of Arun Kumar charged with enticement and rape under IPC and POCSO acts. The court noted lack of criminal antecedents and absence of police coercion evidence, issuing standard bail conditions.
Release on bail with personal bond and two sureties subject to conditions against tampering and intimidation.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34911 of 2022
Applicant :- Arun Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Tripathi,Anupama Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in this case for enticing the daughter of the informant and committing rape with her. Further submitted that the victim was major at the time of alleged incident and she went with the applicant voluntarily. It is also submitted that the victim has already been examined before learned trial court as P.W-2 in which she has not supported the allegation made as alleged in the F.I.R and she stated her age about 18 years. It was also stated that no rape was committed by this applicant with her but under pressure of police, she made the statement about rape. Even during cross examination by prosecutor, nothing was found to support the allegation made against this applicant. He is languishing in jail since 7.4.2021 as having no any criminal antecedent and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties 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- Arun Kumar, involved in Case Crime No.97 of 2021, under Sections 363, 376-D, 506 I.P.C and section 3/4 POCSO Act, P.S. Garhmukteshwar, District Hapur 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.
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 :- 7.9.2022 G.S
Digitally signed by GHAN SHYAM Date: 2022.09.10 15:29:04 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is eligible for bail in a case involving enticement and rape under Sections 363, 376-D, 506 I.P.C and Sections 3/4 POCSO Act.
2 provisions across 2 enactments
Arun Kumar
State of U.P.
Subhash Chandra Sharma
As recorded by the court registry
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