In a criminal bail application, the court allowed the release of the applicant after distinguishing precedents and noting the lack of merit in allegations, subject to standard bail conditions and verification of sureties.
Release of the applicant on bail upon furnishing a personal bond and two verified sureties.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53805 of 2022
Applicant :- Ram Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Tarun Jha Counsel for Opposite Party :- G.A.,Saumya Srivastava
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant; Sri Kushagra Srivastava, Advocate holding brief for Sri Saumya Srivastava, learned counsel for opposite party nos. 2 and 3 and learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.430 of 2022, under Sections 354, 363, 366 I.P.C. and 7/8 POCSO Act, P.S. Kotwali Orai, District Jalaun, during pendency of the trial.
The allegation in the first information report is that minor daughter of informant was enticed away by the applicant and other co-accused person.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; as per F.I.R., no case is made out under alleged Sections against the applicant; from the statement of victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C., it is clear that victim on her own sweet will, went with applicant, as he assured her to introduce one Yogendra with whom she fell in love and on this account, a hot talk made between the parties. It has been further argued that statements of victim are contrary to the version of F.I.R. The victim refused for medical examination. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 28.08.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. and counsel for the informant vehemently opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and
without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Ram Kumar, who is involved in the aforesaid case 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. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 18.1.2023 Meenu Singh
Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is eligible for bail despite allegations under sections 354, 363, 366 I.P.C. and 7/8 POCSO Act.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherDistinguished¶11
Satendra Kumar Antil Vs. C.B.I. & Another
Ram Kumar
State Of U.P.
Deepak Verma
Meenu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
