Allowed

Abhishek Kumar Singh @ Sanjeev Singh v. State of U.P.

Allahabad HC1 Aug 2018BAIL/2807/2018

Case brief

AI extract

What is this about?

The Court granted bail to the applicant in a POCSO and rape case without expressing an opinion on the merits, noting the prosecution witness's statement appeared to indicate consent. Bail was granted subject to furnishing sureties and undertaking not to tamper with evidence or intimidate witnesses.

What did the court decide?

The applicant was released on bail on a personal bond and two sureties with conditions to not tamper with evidence, intimidate witnesses, and appear in court.

Abhishek Kumar Singh @ Sanjeev Singh Vs… — Child Sexual Offences (POCSO) | Allahabad HC (2018)

¶1

Court No. - 52

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2807 of 2018

¶3

Applicant :- Abhishek Kumar Singh @ Sanjeev Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Mr Kamlesh Kumar Tiwari,Vipin Kumar Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rajul Bhargava,J.

¶5

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

¶6

The present bail application has been filed by the applicant in Case Crime No. 344 of 2017, S.T. No. 516 of 2017, u/s 363, 366, 376 IPC and 3/4 POCSO Act, P.S. Sevarahi, District Kushinagar with the prayer for enlarging him on bail.

¶7

It is submitted by learned counsel for the applicant that as per the ossification test, the prosecutrix is aged about 17 years. In her statement u/s 164 Cr.P.C. she has stated that on 30.8.2017 at about 12.30 pm when she was going home from college the applicant met her in the way and asked her to accompany him and she went of her own with him and then he forcibly took her to Gorakhpur, Lucknow thereafter Punjab and Gujrat. In Gujrat the applicant had established physical relation with her and after staying about 15 days there she came back. Learned counsel states that from the tenor of the statement u/s 164 Cr.P.C. it appears to be a consenting party. The applicant is in jail since 3.10.2017.

¶8

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

¶9

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.

¶10

Let the applicant Abhishek Kumar Singh @ Sanjeev Singh 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:-

¶11

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

¶12

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

¶13

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

¶14

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

¶15

Order Date :- 1.8.2018

¶16

Dhirendra/

Abhishek Kumar Singh @ Sanjeev Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Abhishek Kumar Singh @ Sanjeev Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ibrar Vs State of U.P.

Suraj Singh Chauhan Vs State of U.P. and Another

Shahrukh Khan Vs State of U.P. and Another

Shahrukh Vs State of U.P.

Rahul Vs State of U.P.

Faisal Vs State of U.P.