Allowed

Dinesh Kumar v. State of U.P. and 2 Others

Allahabad HC24 Nov 2020BAIL/34985/2020

Case brief

AI extract

What is this about?

This is a bail application prefered by Dinesh Kumar in connection with charges under Sections 363, 366, 376 IPC and POCSO Act. The Court found the application to be a fit case for bail and dismissed the opposing submission without disputing the applicant's contentions.

What did the court decide?

The applicant is released on bail on executing a personal bond and furnishing two sureties upon completion of specified conditions.

Dinesh Kumar Vs State of U.P. and 2 Others — Child Sexual Offences (POCSO) | Allahabad HC (2020)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34985 of 2020

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Applicant :- Dinesh Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Jai Prakash Singh, Raj Kiran Chaudhary Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, Sri Prashand Pratap Rao, learned counsel for the complainant and the learned A.G.A.

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This is a bail application on behalf of the applicant Dinesh Kumar in connection with Case Crime No.446 of 2019, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, Police Station Shivpur, district Varanasi.

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The first information report of this incident was lodged by the complainant about the disappearance of his minor daughter, who was said to be aged about 15 years six months by four named persons, namely, Dinesh, the present applicant, Madan, Meelu and Hariram. During investigation the police has exonerated all the other co-accused persons except the present applicant, Dinesh Kumar.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with an ulterior motive. He submitted that as per medical, the age of the alleged victim is 18-19 years, copy whereof has been filed at page no.12 of the supplementary affidavit. He further submitted that the alleged victim has solemnized marriage with the present applicant and she is living happily with the family of the present applicant and the alleged victim has gave birth to a male child. He submitted that the applicant is languishing in jail since 30.05.2020 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

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Learned counsel for the complainant and the learned A.G.A. have opposed the bail plea but have not disputed the fact as narrated by learned counsel for the applicant.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Dinesh Kumar involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court;

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity prof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 24.11.2020 R./

Dinesh Kumar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Dinesh Kumar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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