Allowed

Guddu @ Dasharath v. State of U.P. and 3 Others

Allahabad HC17 Aug 2022BAIL/17043/2022

Case brief

AI extract

What is this about?

The Single Judge allowed bail to the applicant, Guddu @ Dasharath, involved in crimes under IPC Sections 363, 366, 376(3) and POCSO sections. The court noted the victim's age and consent while granting interim liberty subject to standard conditions.

What did the court decide?

Grant of bail on furnishing a personal bond and two sureties each to the satisfaction of the court.

Guddu @ Dasharath Vs State of U.P. and 3 Others — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17043 of 2022

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Applicant :- Guddu @ Dasharath Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Yash Pratap Singh,Birendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Counter affidavit filed today by learned A.G.A. is taken on record.

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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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It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case by the informant for kidnapping and committing rape with the victim. The victim was major at the time of alleged incident. As per her statement before the Magistrate under Section 164 Cr.P.C. she clearly stated that she went with the applicant and entered into the marriage with him and physical relations were also established with her consent, thereafter she lived with the applicant for a period of eight months because she was in love with the applicant and also expressed her willingness to live with him. She also stated her age about 19 years. As per academic record, her age was found about 17 years and four months. In this way, the victim was major and consenting party. It is also submitted that at present she has a child from the wedlock and none is there to look after her and her child. Victim is deponent in this bail application. There is no criminal history against the applicant. He is languishing in jail since 31.3.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned AGA opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, the age of the victim and her willingness 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.

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Let the applicant Guddu @ Dasharath involved in Case Crime No. 779 of 2020, under Sections 363, 366, 376(3) I.P.C. and

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Section 3/4 POCSO Act, P.S. Kokhraj, District Kaushambi 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.

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

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The applicant will not pressurize/ intimidate the prosecution witness.

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

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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.

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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.

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

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Order Date :- 17.8.2022 A. Singh

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Digitally signed by ANURAG SINGH Date: 2022.08.18 15:34:05 IST Reason: Location: High Court of Judicature at Allahabad

Guddu @ Dasharath v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Guddu @ Dasharath 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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