This is a bail application where the applicant charged with kidnapping and rape was granted bail. The court held that sufficient grounds existed to release him on personal bond and two sureties, subject to standard conditions.
The applicant Acchhe Lal Kol is released on bail on furnishing a personal bond and two sureties each in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17197 of 2022
Applicant :- Acchhe Lal Kol Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Dev Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case for kidnapping the daughter of informant on 20.12.2021 at about 8 p.m. in the night and also committing rape with her. In this case victim was major at the time of alleged incident and she went with the applicant voluntarily. She clearly stated before the Magistrate under Section 164 Cr.P.C. that she called the applicant on Manikpur road from where went to Allahabad where she entered into marriage with him and continued to live as husband and wife. She was neither enticed away by the applicant nor any force was applied by him. The age of the victim was found about 19 years during medical examination. There is no criminal history against the applicant. He is languishing in jail since 3.2.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA opposed the prayer for bail.
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.
Let the applicant Acchhe Lal Kol involved in Case Crime No. 144 of 2021, under Sections 363, 366, 376 I.P.C. and Section 6 POCSO Act, P.S. Manikpur, District Chitrakoot 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.
trial.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 17.8.2022 A. Singh
Digitally signed by ANURAG SINGH Date: 2022.08.18 15:34:39 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in kidnapping and rape charges.
Whether the applicant satisfies the court to grant bail with conditions.
1 provisions across 1 enactments
Acchhe Lal Kol
State Of U.P.
Subhash Chandra Sharma
Anurag Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
