Allowed

Arvesh Kumar @ Pappu v. State of U.P. and Another

Allahabad HC17 Mar 2021BAIL/9442/2021

Case brief

AI extract

What is this about?

The court granted bail to the applicant, Arvesh Kumar @ Pappu, in a case involving Section 376D IPC and POCSO Act. The court found it a fit case for bail noting the applicant was initially implicated only as a witness present at the occurrence.

What did the court decide?

Released on bail on furnishing a personal bond and two reliable sureties with conditions to not commit crime, tamper evidence, or pressure witnesses.

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

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9442 of 2021

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Applicant :- Arvesh Kumar @ Pappu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Sachan,Ashwani Kumar Sachan Counsel for Opposite Party :- G.A.,Ravi Shankar Tripathi

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Hon'ble Subhash Chand,J.

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Heard learned counsel for applicant(s), learned A.G.A. and perused the record.

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This bail application has been preferred by the accusedapplicant(s), Arvesh Kumar @ Pappu, who is involved in Case Crime No.440 of 2016, under Sections 376D I.P.C. and 5/6 POCSO Act, P.S.- Jareef Nagar, District- Budaun.

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Learned counsel for the applicant(s) in support of his prayer for bail submits that initially F.I.R of the aforesaid case crime was registered under Section 354 I.P.C against Arvind and Pramod and in the statement of victim under Section 164 Cr.P.C, the role of applicant Arvesh Kumar @ Pappu is assigned only being present on the place of occurrence. The applicant has been languishing in jail since 15.01.2021.

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On behalf of State bail has been opposed.

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In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.

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Let applicant(s), Arvesh Kumar @ Pappu, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:

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(i) The applicant(s) shall not indulge in any criminal activity.

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(ii) The applicant(s) shall not tamper with the prosecution evidence.

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(iii) The applicant(s) shall not pressurize the prosecution

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witnesses.

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(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.

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In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court. Order Date :- 17.3.2021 PS

Arvesh Kumar @ Pappu v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Arvesh Kumar @ Pappu 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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Parties & counsel

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