Allowed

Kuldeep Singh v. State of U.P.

Allahabad HC2 May 2019BAIL/18336/2019

Case brief

AI extract

What is this about?

In a bail application under Sections 363, 366, 376 IPC and POCSO Act, the Court allowed the bail prayer, noting the applicant's lack of criminal history and the possibility that the victim was consenting at 18 years, subject to standard bail conditions.

What did the court decide?

Applicant Kuldeep Singh released on bail by furnishing a personal bond and two sureties each on personal bond subject to five conditions.

Kuldeep Singh Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2019)

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18336 of 2019

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Applicant :- Kuldeep Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Jai Bahadur Singh,P.K. Singh Counsel for Opposite Party :- G.A.,Rajesh Singh

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Hon'ble Aniruddha Singh,J.

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Vakalatnama filed by Sri Rajesh Singh, learned counsel on behalf of first informant is taken on record.

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This case has been assigned to this Court by the Hon'ble Senior Judge vide order dated 2.5.2019.

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Heard learned counsel for the applicant, Sri Rajesh Singh, learned counsel for the complainant as well as Sri Hari Pratap Gupta, learned AGA for the State and perused the record.

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According to prosecution case, FIR was lodged on 4.3.2019 at 15:49 hour (after two days of incident) against Kuldeep Singh alleging that on 2.3.2019 he kidnapped daughter of complainant for solemnizing marriage with her. Later on, he was arrested and applicant in her statement under Section 164 CR.P.C. recorded on 8.3.2019 stated that she was 18 years at the time of incident, she on her own free will went with Kuldeep Singh to Tameshwar Temple and solemnized marriage with him.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated. He is languishing in jail since 5.3.2019(about two months) having no criminal history. According to statement of victim under Section 164 Cr.P.C. she is married wife of applicant, hence offence under sections 363, 366, 376 IPC and 3/4 POCSO Act is not made out. According to medical report, prosecutrix was 18-19 years at the time of incident. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.

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Sri Rajesh Singh, learned counsel for complainant submitted that according to certificate, date of birth of prosecutrix is 2.7.2002, hence she was below 18 years. .

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Considering the submission of learned counsel for the parties,

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facts of the case, nature of allegation, period of custody, gravity of offence and 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 Kuldeep involved in Case Crime No.51 of 2019, under Section 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station Kalyanpur, District Fatehpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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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The applicant will not pressurize/ intimidate the prosecution witness.

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

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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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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 :- 2.5.2019 P.P.

Kuldeep Singh v. State of U.P.

Case brief

What is this about?

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Kuldeep Singh v. State of U.P.

Case brief

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