Allowed

Mukesh Nishad v. State of U.P. and Another

Allahabad HC8 Dec 2020BAIL/40160/2020

Case brief

AI extract

What is this about?

This is a bail application by Mukesh Nishad accused under sections 363, 366, 376 IPC and POCSO. The court, without expressing an opinion on merits, found him to be a fit case for bail and granted release upon execution of personal bond and furnishing of two sureties with specific conditions.

What did the court decide?

Released on bail on executing a personal bond and furnishing two sureties each with specific conditions regarding tampering and witness harassment.

Mukesh Nishad Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2020)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40160 of 2020

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Applicant :- Mukesh Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Supplementary affidavit filed today, is taken on record.

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Heard learned counsel for the applicant and the learned A.G.A.

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This is a bail application on behalf of the applicant Mukesh Nishad in connection with Case Crime No313 of 2020, under Sections 363, 366, 376 I.P.C. & 5/6 Protection of Children from Sexual Offence Act, Police Station Gulriha, district Gorakhpur.

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The first information report of this incident was lodged by the complainant, the mother of the victim. It was alleged in the first information report that the daughter of the complainant was enticed away by the applicant with the help of other accused persons.

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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 the ulterior motive. He submitted that the alleged victim has stated in the statement recorded under Section 161 Cr,.P.C. that she had gone with the applicant out of her own sweet will and she had married with the applicant and wants to live with him. She has further stated that she had lived with the applicant as husband and wife in Campierganj. He further submitted that the alleged victim has not supported the prosecution version. He further submitted that the alleged victim has refused her medical examination. He submitted that the applicant is languishing in jail since 09.07.2020 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 A.G.A. has opposed the bail plea.

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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. Accordingly, the bail application stands allowed.

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Let the applicant Mukesh Nishad 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.

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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; 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 learned counsel for the applicant along with a self attested identity proof 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 :- 8.12.2020

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R./

Mukesh Nishad v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mukesh Nishad v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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