Allowed

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

Allahabad HC14 Dec 2020BAIL/43871/2020

Case brief

AI extract

What is this about?

In this bail application, the Allahabad High Court allowed the plea of Bachcha Singh in connection with alleged sexual offences and kidnapping. The court found it to be a fit case for bail without expressing an opinion on merits, subject to conditions.

What did the court decide?

Applicant Bachcha Singh released on bail with personal bond and two sureties upon executing conditions not to tamper with evidence or witnesses.

Bachcha Singh 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. - 43871 of 2020

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Applicant :- Bachcha Singh Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ramakant Tiwari 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 and the learned A.G.A.

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This is a bail application on behalf of the applicant Bachcha Singh in connection with Case Crime No.0071 of 2020, under Sections 363, 366, 376 I.P.C. and Section 3/4 Prevention of Children From Sexual Offences Act, 2012, Police Station Kaundhiyara, district Prayagraj.

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The first information report of this incident was lodged by the complainant about the disappearance of her daughter against some unknown persons on 11.03.2020.

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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 was major and she had lived with the applicant for about one month and never raised any alarm anywhere. He submitted that as per medical, the age of the alleged victim was found to be 19 years. He submitted that the alleged victim in her statement recorded under Section 164 Cr.P.C. states that she is aged about 17 years. He submitted that the applicant is languishing in jail since 16.05.2020 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 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 Bachcha Singh 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

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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 :- 14.12.2020 R./

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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