In Criminal Misc. Bail Application No. 6321 of 2022, the Court at Kurukshetra considered bail for Gopal @ Bhaiyan.
Release on bail under Sections 342, 363, 376-D IPC and POCSO Act via bond and sureties.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6321 of 2022
Applicant :- Gopal @ Bhaiyan Opposite Party :- State Of U.P And 3 Others Counsel for Applicant :- Ram Raksha Tiwari Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the parties and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated due to ulterior motive. It is next submitted that there is inordinate delay in lodging of the First Information Report in the present case without any plausible explanation. There is no independent reliable eye witness of the alleged incident. It is next submitted that applicant did not entice away the victim. As a matter of fact, victim who is major both the applicant and victim being in relationship with each other victim came to the applicant out of her own sweet will. As alleged victim went with the applicant to different places. It is stated that at different places she must have come across many people at different points of time and she was free to make alarm for her rescue. As per prosecution version victim was taken away by the applicant through public conveyance at various places, it is very strange to note that victim kept mum and travelled along with the applicant without any protest. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 29.09.2021, has no other previous criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted. It is lastly submitted that co-accused persons namely Ramkesh Patel, has been granted bail by a co-ordinate Bench of this Court vide order dated 31.5.2022 passed in Crl. Misc. Bail Application No. 1000 of 2022.
Learned A.G.A. and learned counsel for the first informant/complainant have vehemently opposed the bail prayer of the applicant without disputing the aforesaid submissions of the learned counsel for the applicant and submitted that in case applicant is released on bail he will misuse the liberty of bail.
Having heard the submissions of learned counsel of both sides, nature of accusation 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 applicant- Gopal @ Bhaiyan, be released on bail in Case Crime No. 83 of 2021, under Sections- 342, 363, 376-D IPC and Section 5/6 of POCSO
Act, 2012, Police Station- Kalinjar, District- Banda, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.(iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will 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.
Order Date :- 28.7.2022 ssm
Digitally signed by SYED SALMAN MANSOOR Date: 2022.07.28 16:13:51 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant accused of abducting a minor under POCSO and IPC charges.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherExplained¶8
(2018) 2 SCC 22 · Who else cites this
2 provisions across 2 enactments
Gopal @ Bhaiyan
State Of U.P
Vivek Kumar Singh
Syed Salman Mansoor
As recorded by the court registry
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