Allowed

Naresh@ Jhallu v. State of U.P. and 3 Others

Allahabad HC1 Sept 2022BAIL/10900/2022

Case brief

AI extract

What is this about?

The Single Judge of the Allahabad High Court allowed a bail application filed by Naresh@ Jhallu accused under sections 376-D IPC and POCSO Act, directing his release on personal bond with two sureties subject to specified conditions.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Naresh@ Jhallu Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2022)

¶1

Court No. - 76

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10900 of 2022

¶3

Applicant :- Naresh@ Jhallu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dev Raj Singh,Sunita Chauhan Counsel for Opposite Party :- G.A.

¶4

Hon'ble Subhash Chandra Sharma,J.

¶5

Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶6

It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case for committing rape with the victim. Further submitted that coaccused Pankaj has already been granted bail by coordinate Bench of this Court on 5.4.2022 through Criminal Misc. Bail Application No. 52281 of 2021. Since the role of this applicant is not distinguishable with the role of co-accused, therefore, he is also entitled for bail. There is no criminal history against the applicant. He is languishing in jail since 1.6.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

¶7

Learned AGA opposed the prayer for bail.

¶8

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the fact that co-accused person has already been granted bail and the case of the present applicant is on similar footing and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9

Let the applicant Naresh@ Jhallu involved in Case Crime No. 320 of 2021, under Sections 376-D, 504, 506 I.P.C. and Section 5/6 POCSO Act, P.S. Auraiya, District Auraiya be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

¶10

The applicant will not tamper with the evidence during the trial.

¶11

The applicant will not pressurize/ intimidate the prosecution witness.

¶12

The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶13

The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

¶14

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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶15

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶16

Order Date :- 1.9.2022

¶17

A. Singh

¶18

Digitally signed by ANURAG SINGH Date: 2022.09.05 17:03:25 IST Reason: Location: High Court of Judicature at Allahabad

Naresh@ Jhallu v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Naresh@ Jhallu v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Umesh @ Pappu Saroj Vs State of U.P.

Rahul Kumar Vs State of U.P.

Fazil Vs State of U.P.

Kaluwa @ Mustafa Vs State of U.P and 3 Others

Naresh Vs State of U.P.

Sahil Vs State of U.P.