Allowed

Ritesh Singh v. State of U.P. and Another

Allahabad HC16 Dec 2019BAIL/29353/2019

Case brief

AI extract

What is this about?

The court allowed bail to the accused in a case involving charges under IPC 363, 366, 376 and POCSO sections 3 and 4. The court noted lack of specific allegations of kidnapping or rape in preliminary statements and release conditions.

What did the court decide?

Accused released on bail on furnishing a personal bond and two sureties each, subject to conditions not to tamper with evidence or intimidate witnesses.

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

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Court No. - 84

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29353 of 2019

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Applicant :- Ritesh Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Kumar Mishra,Mewa Lal Shukla,Pavan Kumar,Sanjai Singh Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Rejoinder affidavit filed today is taken on record.

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The present bail application has been filed by the applicant in Case Crime No.128 of 2019, under Sections 363, 366, 376 of IPC and 3/4 of POCSO Act, 2012, Police Station Ahirauli Bazar, District Kushinagar with the prayer to enlarge the applicant on bail.

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None has appeared for complainant despite service of notice.

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

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Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case. It was submitted that in her statement recorded under Section 161 Cr.P.C., victim girl has not made any allegation against applicant, rather, she stated that she has gone with applicant with her own freewill and wanted to marry him. Similarly, in her statement recorded under Section 164 Cr.P.C., she has stated that applicant has not taken her to Gorakhpur and that she has stayed in night with applicant and that she was having relations with applicant since before the incident. Learned counsel submitted that as per medical examination report, age of victim girl is between 16-17 years and that she has not made any allegation of kidnapping and rape against applicant. It was submitted that applicant is languishing in jail since 03.05.2019 having no criminal history and that in

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case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail and argued that victim girl is minor and thus, her consent is immaterial and that act of applicant amounts to offence of rape. However, it has not been disputed that victim girl has not made any allegation of kidnapping or rape against applicant.

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Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Ritesh Singh involved in aforesaid case 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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2.The applicant will not pressurize/ intimidate complainant or any prosecution witness.

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

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4.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.

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Order Date :- 16.12.2019 Mohit

Ritesh Singh v. State of U.P. and Another

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Ritesh Singh v. State of U.P. and Another

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