Single judge allowed bail to accused Suraj Das in POCSO and IPC cases noting that the prosecutrix did not allege kidnapping or sexual offences against him during her testimony.
Accused granted bail on furnishing personal sureties of ₹21,100 to the B.H.
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.
| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| BAI No.1170 of 2021 Hon’ble R.C. Khulbe, J. Ms. Soniya Chawla, learned counsel for the applicant. Ms. Meena Bisht, learned B.H. for the State. Accused–Suraj Das has sought his release on |
|||
| bail in connection with Case Crime/FIR No.174/2020, u/s 363, 366, 376 of IPC and u/s 3/4 of POCSO Act, registered at P.S. Transit Camp, District U.S. Nagar. It is argued that the accused has been falsely implicated; he is languishing in jail since 11.08.2020; there is no evidence against him; apart from that the statement of prosecutrix has been recorded by the trial court as PW-1 in which she did not support the prosecution story as alleged in the FIR; he is ready to furnish the sureties and may be granted bail. Per contra, learned counsel for the State opposed for bail, but fairly submitted that, the prosecutrix, who appeared as PW-1 before the concerned Court in which she did not support the story. I have gone through the record and the statement of prosecutrix, who appeared before the trial court as PW-1, she did not make any allegation against the present accused regarding sexual offence |
| and | kidnapping; accord | ingly, | with | out making any |
|---|---|---|---|---|
| com stag |
ment on the merits, e. The bail applicati |
it is a on is |
fit ca thus, |
se for bail at this allowed and the |
| appl | icant is directed to | be re | lease | d on bail on his |
| exec relia satis of. |
uting a personal ble sureties, each faction of the Court Pending applicati Copy today, as pe |
bond of the conce on, if r rules |
and like rned. any, . |
furnishing two amount, to the stands disposed |
| BS | (R. 1 |
C. K 2.11. |
hulbe, J.) 2021 |
1 issue framed by the court
Whether the applicant should be granted bail given the absence of specific allegations by the prosecutrix against him for kidnapping or sexual offences.
4 provisions across 2 enactments
Suraj Das
The State
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
