Allowed

Arvind Alias Kallu v. State of U.P.

Allahabad HC3 Aug 2018BAIL/28957/2018

Case brief

AI extract

What is this about?

The court disposed of a bail application filed in a case involving Sections 328, 363, 376 IPC and POCSO. Despite serious charges, the court granted bail subject to standard conditions like appearance in court and non-tampering with evidence, without pronouncing opinions on merits of the case.

What did the court decide?

Release on bail with personal bond and two sureties subject to standard conditions.

Arvind Alias Kallu Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28957 of 2018 Applicant :- Arvind alias Kallu Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard Sri Chandra Shekhar Mishra, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant-Arvind alias Kallu in Case Crime No.114 of 2018, under Sections 328, 363, 376, 506 I.P.C. and 3/4 of The Protection of Children From Sexual Offences Act, Police Station Janakpuri, District-Saharanpur with the prayer to enlarge him on bail.

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The submission of the learned counsel for the applicant is that the F.I.R. was lodged by the mother of the victim on 13.06.2018 at 2.40 p.m. with regard to the incident of the same day alleging that at about 12.00 noon the applicant had taken her daughter after enticing her which was seen by some persons of the locality. It is further stated that the police recovered the victim on the same day and her statement under Section 164 Cr.P.C. was recorded in which she has stated that the applicant took the victim to Bharat Mata Chowk and made her stand for about two hours but he did not turn up. In the meantime, her mother came along with police. She has further stated that the applicant had also taken her earlier on two occasions and committed rape upon her. There is no fresh injury and all the vitals were within normal limits. It is argued that the applicant has been falsely implicated in the present case. The prosecutrix has disclosed her age to be seventeen and half years before the Magistrate. The prosecutrix has not disclosed any time and date when she was sexually assaulted on earlier occasions as alleged by her. So, the applicant, who is in jail since 16.06.2018, deserves to be released on bail.

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Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.

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Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.

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Let applicant-Arvind alias Kallu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-

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1.The applicant shall not tamper with the prosecution evidence;

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2.The applicant shall not pressurize the prosecution witnesses;

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3.The applicant shall appear on the date fixed by the trial court.

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In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.

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Order Date :- 3.8.2018

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MN/-

Arvind Alias Kallu v. State of U.P.

Case brief

What is this about?

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Arvind Alias Kallu v. State of U.P.

Case brief

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