The Single Judge granted bail to the accused in a case involving offenses under IPC 363, 366-A, 376, and POCSO for falsely implying the prosecutrix and finding the medical report silent regarding the alleged offense.
Bail granted on furnishing individual bond and sureties in the sum fixed by the Court.
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 |
|---|---|---|---|
| BA1 No.196 of 2021 Hon’ble R.C. Khulbe, J. |
|||
| Mr. Pankaj Kumar Sharma, learned counsel for the applicant. Mr. Ranjan Ghildiyal, learned AGA along with Ms. Sonika Khulbe, learned B.H. for the State. Accused – Sandeep Kumar has sought his release on bail in connection with Case Crime/FIR No.38 of 2020, u/s 363, 366-A, 376 of IPC and u/s 5(I)/6 of POCSO Act, registered at Police Station –Kempty, District Tehri Garhwal. It is argued that the accused has been falsely implicated; there is no criminal history against him; he is languishing in jail since 31.08.2020. Apart from that the statement of prosecutrix recorded under Section 164 Cr.P.C. before the concerned court in which she did not make any allegation against the present applicant regarding sexual offence; he is ready to furnish the surety and he may be granted bail. Per contra, learned counsel for the State opposed for bail but fairly submitted that the statement of prosecutrix recorded under Section 164 Cr.P.C. before the concerned court in which she did not make any allegation against the accused. I have gone through the statement of prosecutrix recorded before the concerned court and found that she did not make any allegation against him regarding sexual offence. Apart from that the medical report is silent about it; accordingly, without going into merits of the case, it is a fit case for bail at this stage. |
| allo rele and amo con disp |
Accordingly, the b wed and the applicant ased on bail on his exec furnishing two reliable unt, to the satisfacti cerned. Pending application, osed of. |
ail is utin sur on if |
application is directed to be g personal bond eties in the like of the Court any, stands |
|---|---|---|---|
| BS | (R. 0 |
C. Khulbe, J.) 1.03.2021 |
2 issues framed by the court
Whether the applicant is eligible for bail in a case involving IPC 363, 366-A, 376 and POCSO charges where medical reports are silent.
Whether the statement recorded under Section 164 Cr.P.C. contained allegations against the accused.
1 provisions across 1 enactments
Sandeep Kumar
State
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
