Dinesh v. State of U.P.
Case brief
What is this about?
The court granted bail to Dinesh in a case involving IPC and POCSO offences. The judgment noted contradictions in the victim's statements and the lack of prior criminal history while imposing standard bail conditions.
What did the court decide?
Released on bail on furnishing a personal bond and two sureties with conditions against tampering.
What the court decided
Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48638 of 2018
Applicant :- Dinesh Opposite Party :- State Of U.P. Counsel for Applicant :- Ravindra Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Applicant- Dinesh seeks bail in Case Crime No. 248 of 2018, under Sections 452,376,511, 323,506 IPC and section 8 POCSO Act , Police Station Pilua , District Etah.
Heard learned counsel for the applicant and learned AGA for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and being falsely implicated in the present. It is argued that the version of first information report, statement under Section 161 Cr.P.C. and version of the victim in her statement under section 164 Cr.P.C. are self contradictory. The victim in her statement under Section 161 Cr.P.C. alleged that when she was going towards her home after collecting wooden sticks, the applicant took the bundle of wooden sticks from and carried the same to her house and when she went to keep the same on roof of her house, the applicant came there and caught hold her and this incident was seen by her cousin sister also. She further alleges that the incident was told to her father. It is also alleged by the victim that she knew the applicant from much before and he resides near her house.Whereas, in her statement recorded under section 164 Cr.P.C, the victim stated that the applicant firstly undressed her and thereafter, being himself also in undressed position, slept over her.It has been further submitted that applicant is in jail since 23.10.2018 having no other criminal history to his credit.
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the applicant accused of offences under IPC and POCSO Act.
Whether there is material indicating self-contradiction in the victim's statements.
Whether reasonable apprehension of tampering with witnesses exists.
Parties & counsel
- applicant
Dinesh
- respondent
State Of U.P.
Coram
Umesh Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/48638/2018
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