The High Court allowed a bail application for Ramveer Singh facing charges under IPC and POCSO. Relying on prima facie evidence and the nature of accusations, the court granted bail subject to personal bond and reasonable conditions.
Bail allowed on execution of personal bond and two sureties in like amount subject to specified conditions.
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Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42548 of 2021
Applicant :- Ramveer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Rathore,Sanjeev Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Ramveer Singh, in Case Crime No. 159 of 2021, under Sections- 363, 366 I.P.C. & 7/8 of POCSO Act, P.S. Karahal, DistrictMainpuri.
Learned counsel for the applicant argued that the accusedapplicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 15.5.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; prosecutrix, in her statement recorded under Sections 161 as well as 164 of Cr.P.C., has said nothing incriminating against the applicant rather voluntarily fleeing has been said by her; no accusation of any offence is there; she refused for her medical examination. Hence, bail has been prayed for.
Learned AGA has vehemently opposed with this contention that prosecutrix, who was said to be of 15 years, has said nothing incriminating against applicant in her statements recorded under Sections 161 as well as 164 of Cr.P.C.
Having heard learned counsels for both sides and gone through materials placed on record as well as considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Ramveer Singh, 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 :- 11.1.2022 Kamarjahan
1 issue framed by the court
Whether bail should be granted in a case involving Sections 363, 366 IPC and POCSO Act where the applicant claims innocence and lack of antecedents.
Ramveer Singh
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
