Allowed

Boby Kumar @ Vivesh v. State of U.P. and Another

Allahabad HC23 Jun 2021BAIL/10013/2021

Case brief

AI extract

What is this about?

In a bail application under CRIMINAL MISC. BAIL APPLICATION No. 10013 of 2021, the Court allowed the plea on behalf of Boby Kumar @ Vivesh accused in a POCSO case, without expressing an opinion on merits, treating it as a fit case for bail.

What did the court decide?

Release on bail by executing a personal bond and furnishing two sureties subject to conditions regarding tampering with evidence, threatening witnesses, and attending trial.

Boby Kumar @ Vivesh Vs State of U.P. and… — Child Sexual Offences (POCSO) | Allahabad HC (2021)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10013 of 2021

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Applicant :- Boby Kumar @ Vivesh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Awadh Bihari Pandey 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 through video conferencing. Learned A.G.A. is present in the Court.

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This is a bail application on behalf of the applicant Boby Kumar @ Vivesh in connection with Case Crime No.754 of 2020, under Sections 363, 366, 376 I.P.C. and Section 3/4 Protection of Children from Sexual Offences Act, 2012, Police Station Govind Nagar, district Kanpur Nagar.

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The first information report of this incident was lodged by the complainant about the enticement of her daughter by the present applicant.

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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 not raised alarm anywhere during her captivity. He submitted that as per medical examination the alleged victim was found to be major and she was in consensual relations with the applicant and both the applicant and alleged victim have solemnized marriage and the alleged victim had lived with the applicant for eight days. He submitted that the applicant is languishing in jail since 03.12.2020, hence he is entitled to be released on bail and 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, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 , 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 Boby Kumar @ Vivesh 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;

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iv) The applicant shall not commit an offence similar to the offence of

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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 :- 23.6.2021 R./

Boby Kumar @ Vivesh v. State of U.P. and Another

Case brief

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Boby Kumar @ Vivesh v. State of U.P. and Another

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