In a bail application, the court allowed the release of the applicant under multiple sections including IPC and POCSO. The court noted the victim statement was silent about the applicant's role and approved bail on sureties.
Released on bail by executing a personal bond and furnishing two sureties each 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. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56259 of 2021
Applicant :- Salim Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amit Kumar Mishra,Amit Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P through virtual mode and perused the material available on record.
Case of the applicant is that the applicant has been deliberately dragged in this case, for the reason best known to the prosecution say - the informant as well as the police. The statement of the victim, if accepted and applied in reality, then role of the applicant either by presence or collaboration with other co-accused is not made out. The statement of the victim recorded under Section 164 Cr.P.C. is absolutely silent about any role being played in the commission of the offence by the present applicant. His name does not figure in the statement of the victim, whereas, fact is that the role of committing offence has been attributed to several other co-accused and the case of the present applicant is different and should be dealt with differently from those coaccused who have been specifically named by the victim in her statement recorded under Section 164 Cr.P.C. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and he is languishing in jail since 06.03.2021.
Learned A.G.A. has opposed prayer for bail.
Upon consideration of facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of
tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Salim involved in Case Crime No.111 of 2021, under Sections 363, 366, 376 I.P.C., 3/4 POCSO Act and 3(2)(V) SC/ST Act, Police Station Kotwali, District Mathura be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 4.2.2022
rkg
Digitally signed by RAKESH KUMAR GAUTAM Date: 2022.02.09 11:05:55 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to release on bail given his lack of criminal history and the silence of the victim statement regarding his role.
6 provisions across 4 enactments
Salim
State of U.P.
Arvind Kumar Mishra
Rakesh Kumar Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
