Allowed

Bhupender Yadav v. State of Uttarkahand

Uttarakhand HC1 Mar 2021BA1/216/2021

Case brief

AI extract

What is this about?

The court granted bail to an accused man charged with sexual offences under the POCSO Act and IPC. Finding no specific allegations against the applicant in the prosecutrix's Section 164 statement and no medical report on record, the court held it a fit case for bail without going into merits.

What did the court decide?

Accused released on bail on execution of personal bond with two sureties, pending application disposed of.

Bhupender Yadav Vs State of Uttarkahand — Child Sexual Offences (POCSO) | Uttarakhand HC (2021)

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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.216 of 2021 Hon’ble R.C. Khulbe, J. Mr. D.N. Sharma and Mr. Mohit Kumar, learned counsels for the applicant. Mr. Ranjan Ghildiyal, learned AGA along with Ms. Sonika Khulbe, learned B.H. for the State. Accused – Bhupendra Yadav has sought his release on bail in connection with Case Crime/FIR No.339 of 2020, u/s 328, 342, 376, 120-B of IPC and u/s 3/4 of POCSO Act, registered at Police Station –ITI, District Udham Singh Nagar. It is argued that the accused has been falsely implicated; there is no criminal history against him; he is languishing in jail since 14.12.2020. 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 there is no medical report on record; accordingly, without going into merits of the case, it is a fit case for bail at this stage.

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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

Bhupender Yadav v. State of Uttarkahand

Case brief

What is this about?

What did the court decide?

Bhupender Yadav v. State of Uttarkahand

Case brief

What is this about?

What did the court decide?

What the court decided

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