Allowed

Sarik @ Billu v. State of U.P. and 3 Others

Allahabad HC18 Aug 2022BAIL/13099/2022

Case brief

AI extract

What is this about?

In a bail application regarding charges of kidnapping, rape, and POCSO offences, the court allowed bail for the applicant. The court noted contradictory victim statements and lack of medical injury support, finding the applicant had made out a prima facie case for bail.

What did the court decide?

Release of applicant on personal bond and two sureties subject to specific conditions including no tampering with evidence.

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

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13099 of 2022

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Applicant :- Sarik @ Billu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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The instant bail application has been filed on behalf of the applicant Sarik @ Billu with a prayer to release him on bail in Case Crime No.513 of 2021, under Sections 363, 376, 323, 506 I.P.C. & Section 5L/6 POCSO Act, P.S. Niwadi, District Ghaziabad during pendency of the trial.

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It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant is aged about 17 years 11 months. Statements of the victim recorded under sections 161 & 164 Cr.P.C. are contradictory and are not supporting the version of the First Information Report. Moreover, victim in her statement recorded under section 164 Cr.P.C. has stated that she used to go with the applicant in love garden. Medical report does not support the prosecution version. As per medical report, no definite opinion can be given and no mark of injury has been found. Victim was in affair with the applicant. She was roaming with the applicant with her own consent. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 24.11.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

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Let the applicant, Sarik @ Billu be released on bail in Case

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Crime No.513 of 2021, under Sections 363, 376, 323, 506 I.P.C. & Section 5L/6 POCSO Act, P.S. Niwadi, District Ghaziabad on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 18.8.2022/SKD

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Digitally signed by SURJIT KUMAR DEY Date: 2022.08.18 17:04:58 IST Reason: Location: High Court of Judicature at Allahabad

Sarik @ Billu v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Sarik @ Billu v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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