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RAJ BEER SINGH
Santosh Singh – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
[Raj Beer Singh, J.]
1. Heard learned counsel for the applicant-accused, learned counsel for the first informant and learned AGA for the State and perused the record.
2. The present bail application has been filed by the applicant-accused in case crime No.257 of 2020, under Sections 363, 366, 376 IPC and 5/6 POCSO Act, police station Kotwali, District Basti with the prayer to enlarge the applicant on bail.
3. It has been argued by learned counsel for the applicant-accused that the applicant-accused is innocent and he has not committed any offence. It was submitted that in her statement under Section 161 and 164 Cr.P.C., victim girl has stated that she has gone with applicant-accused with her own free will and that they have married with each other and out of that marriage, she is having pregnancy of 7-8 months. Learned counsel submitted that after the incident, the victim girl has already given birth to a child and that now both the parties are ready that applicant-accused and victim girl shall live as husband and wife. As per ossification test, the age of victim has been shown 18 years. It was submitted that considering the future of victim and child, the applicant-accu
Kidnapped and Rape -Nature of offence, evidence, complicity of accused and submissions of learned counsel for parties, court view that applicant has made out a case for bail
Point of law: Applicant-accused is a student and he is languishing in jail, having no criminal history, and that in case the applicant-accused is released on bail, he will not misuse the liberty of b....
The court emphasized the need for a pragmatic approach and the protection of the victim and the infant in exceptional circumstances, considering the larger mandate of Article 21 of the Constitution o....
The principle of 'Presumption of Innocence Unless Proven Guilty' supports bail as a rule, emphasizing the right to liberty under Article 21 of the Constitution.
The court's decision to grant bail was based on the age and statement of the alleged victim recorded under section 164 Cr.P.C., without expressing any opinion on the merits of the case.
The court's decision to grant bail was based on the consideration of the nature of allegations and the arguments advanced by the parties, without expressing any opinion on the merit of the case.
The judgment establishes that in cases involving consensual relationships among adolescents, particularly under the POCSO Act, courts must carefully evaluate the context and the victim's autonomy whi....
The seriousness of the allegations, the age of the victim, and the petitioner's criminal antecedents are crucial factors in determining bail eligibility.
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