Allowed

Chhotuwa @ Edal Singh v. State of U.P.

Allahabad HC13 Feb 2018BAIL/45710/2017

Case brief

AI extract

What is this about?

In this bail application, the applicant, charged with kidnapping, abduction, criminal conspiracy, and offences under the POCSO Act, was released on bail after submitting that he had no criminal history and the victim's statements were inconsistent. The Court allowed the application without expressing an opinion on the merits.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each in the like amount, subject to standard bail conditions.

Chhotuwa @ Edal Singh Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2018)

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Court No. - 22

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45710 of 2017

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Applicant :- Chhotuwa @ Edal Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant and learned AGA for the State, and perused the record.

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It is submitted by learned counsel for the applicant that F.I.R. has been lodged against Chhotuwa and Kumari Rekha alleging that on 14.8.2016 they kidnapped daughter (17 years) of complainant Ram Niwas. FIR was lodged on 17.8.2016 after three days.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. He is languishing in jail since 18.10.2016 having no criminal history; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. It is further submitted that victim in her statement under Section 161 Cr.P.C. stated that she was 17 years old, she left the house in anger and went with Chhotuwa to Shikohabad, stayed about 15 days there and thereafter in a village at Atrauli and Chhotuwa raped her; but in her statement under Section 164 Cr.P.C. she changed her statement and stated that she went with this accused Chhotuwa alongwith Shyam Singh, Rekha and Shyamwati to Shikohabad & several places, she was locked in a room and Chhotuwa has made illicit relationship with her.

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On the other hand, learned A.G.A. opposed the prayer for bail but admitted that the applicant has no criminal history.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let applicant Chhotuwa @ Edal Singh involved in Case Crime No.1056 of 2016(S.T. No. 09 of 2017), under Section 363, 366, 120-B IPC and 3/4 Protection of Children from Sexual Offence Act, 2012, Police Station Kotwali Nagar, District Etah be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of

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the court concerned subject to following conditions:-

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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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 :- 13.2.2018 P.P.

Chhotuwa @ Edal Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chhotuwa @ Edal Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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