Allowed

Praveen Kumar Vishwakarma @ Laloo v. State of U.P. and Another

Allahabad HC18 Sept 2020BAIL/27417/2020

Case brief

AI extract

What is this about?

Hon'ble Vivek Kumar Singh, J. in Criminal Misc. Bail Application No. 27417 of 2020, released the applicant Praveen Kumar Vishwakarma alias Laloo on bail from罪行 under Sections 354Kha, 504, 506 IPC, Section 67 I.T. Act and POCSO Act, subject to personal bond and two sureties each in the amount of Rs. 1 Lakh.

What did the court decide?

Release of the applicant on bail on executing a personal bond and two sureties each in the like amount of Rupees One Lakh with standard conditions.

Praveen Kumar Vishwakarma @ Laloo Vs State… — Child Sexual Offences (POCSO) | Allahabad HC (2020)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27417 of 2020

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Applicant :- Praveen Kumar Vishwakarma @ Laloo Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijai Prakash Yadav,L P Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I for the State and perused the record.

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The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present due to parti-bandi . He is innocent and has no criminal antecedent. It is further submitted that the victim is major and no offence is made out as alleged as also there is much contradiction in the statements recorded under Sections 161 and 164 Cr.P.C. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant is languishing in jail since 26.6.2020. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.

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Learned counsel appearing for the opposite party vehemently opposed the prayer.

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Having heard submissions of learned counsel of both sides, perusal of statements recorded under Section 164 Cr.P.C., considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 and without expressing any view on the merits of the case, I find it to be a case of bail.

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Let the applicant- Praveen Kumar Vishwakarma alias Laloo involved in Case Crime No. 110 of 2020, under Sections 354Kha, 504, 506 IPC, Section 67 I.T. Act, and Section 7/8

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Protection of Children from Sexual Offences Act, Police Station Ali Nagar, District Chandauli be released on bail, on his executing a personal bond and two sureties each in the like amount of Rupees One Lakh (one should be of a family member), with the following conditions:

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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The party is permitted to file a computer generated copy of this order downloaded from the official website of Allahabad High Court before the court concerned, who shall verify the authenticity of such computerized copy of the order from the official website of Allahabad High Court.

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Order Date :- 18.9.2020 Digamber

Praveen Kumar Vishwakarma @ Laloo v. State of U.P. and Another

Case brief

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Praveen Kumar Vishwakarma @ Laloo v. State of U.P. and Another

Case brief

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