Allowed

Rohit @ Toni v. State of U.P.

Allahabad HC14 Aug 2018BAIL/27513/2018

Case brief

AI extract

What is this about?

In a bail application under sections 363, 366, 376 IPC and 3/4 POCSO Act, the High Court granted bail to the applicant. The court noted the prosecutrix's statement denying the offence despite alleging relationship and birth of a child, and observed lack of material opposition from the prosecution.

What did the court decide?

Released on bail with a personal bond and two sureties on conditions not to tamper with evidence, not intimidate witnesses, and to appear before the trial court.

Rohit @ Toni Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2018)

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Court No. - 52

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27513 of 2018

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Applicant :- Rohit @ Toni Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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The present bail application has been filed by the applicant in Case Crime No. 114 of 2016, u/s 363, 366, 376 IPC and 3/4 POCSO Act, P.S. Gulariha, District Gorakhpur with the prayer for enlarging him on bail.

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It is submitted by learned counsel for the applicant that the prosecutrix is aged about 20 years as per age disclosed by her before the Magistrate at the time of recording statement u/s 164 Cr.P.C. and medically she is aged about 18 years and in view of the statement of the prosecutrix u/s 164 Cr.P.C. where she has unequivocally stated that the applicant has not committed rape or anything wrong with her. In the statement u/s 161 Cr.P.C. she has admitted to have stayed with the applicant for about one year and a child has also born from their relation.

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Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.

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In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.

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Let the applicant Rohit @ Toni involved in the aforesaid case crime number 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 with the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii)The applicant will appear before the trial court on the date fixed.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 14.8.2018 Dhirendra/

Rohit @ Toni v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rohit @ Toni v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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