Allowed

Janendra Kumar Dwivedi v. State of U.P.

Allahabad HC14 Aug 2018BAIL/29124/2018

Case brief

AI extract

What is this about?

The Single Judge allowed the bail application of a minor accused in a rape case under IPC and POCSO. Noting the applicant and victim are minors, the lack of injuries, and absence of infatuation evidence, the court released the applicant on personal bond and two sureties.

What did the court decide?

Released on bail on personal bond and two sureties with undertaking not to tamper with evidence or pressurize prosecution witnesses.

Janendra Kumar Dwivedi 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. - 29124 of 2018

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Applicant :- Janendra Kumar Dwivedi Opposite Party :- State Of U.P. Counsel for Applicant :- Usha Srivastava,Jitenrda Kumar Ojha 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. 104 of 2017, u/s 452, 363, 366A, 376 IPC and u/s 6 of POCSO Act, P.S. Raipura, District Chitrakoot with the prayer for enlarging him on bail.

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Pursuant to earlier order supplementary affidavit has been filed in which the applicant also appears to be less than 18 years of age. It is submitted by learned counsel for the applicant that the applicant and the victim both are less than 18 years of age and it appears that there was some kind of infatuation between them on account of which the prosecutrix went along with the applicant Riwa where they stayed for couple of days. From the medical report, prima facie version of rape is not supported. In the said report, doctor has mentioned that no injury seen on any part of the body. According to victim, she went with the accused of her own free will then made physical contact with her consent.

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Learned A.G.A. has opposed the prayer for bail. However he could not point out any circumstance to indicate that the applicant had enticed the victim.

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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 Janendra Kumar Dwivedi 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/

Janendra Kumar Dwivedi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Janendra Kumar Dwivedi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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