The High Court allowed bail to the accused Ravindra Yadav, a teacher, charged with offences under Sections 377 IPC and POCSO. The court noted the lack of injury evidence and limited criminal history while granting bail subject to a personal bond and sureties.
Release on bail with a personal bond and two sureties in like amount.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55743 of 2021
Applicant :- Ravindra Yadav Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Ajeet Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The accused- applicant Ravindra Yadav, is involved in Case Crime No. 139 of 2021, under Sections 377, 511 I.P.C. and 9f/10 of Protection of Children from Sexual Offences Act, 2012, Police Station Bheempura, District- Ballia.
It is argued by the learned counsel for the applicant that the applicant is a teacher and he also takes tuitions. He has been falsely implicated as he demanded money from the parents of the child regarding tuition fees. There is no criminal history to the credit of the applicant. He is languishing in jail since 11.10.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail application. However, after going through Section 377 I.P.C. he has admitted that the allegations made in F.I.R. do not appear to constitute an offence under Section 377 I.P.C.
As per medical report, no injury has been found on the person of the victim. Admittedly, the applicant is having no criminal history to his credit. The offence is triable by the court of magistrate.
Having heard the submissions of learned counsel of both the parties, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant, Ravindra Yadav , who is involved in aforesaid 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.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 23.3.2022 Radhika
Digitally signed by RADHIKA VISHWAKARMA Date: 2022.03.25 14:12:00 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the accused should be released on bail despite charges under Section 377 IPC and POCSO Act.
Whether the absence of injury on the victim and the admitted lack of prior criminal history warrant bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P.Referred¶10
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
Ravindra Yadav
State Of U.P.
Sadhna Rani
As recorded by the court registry
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