Allowed

Smt. Mithlesh v. State of U.P. and 3 Others

Allahabad HC19 Dec 2022BAIL/25999/2022

Case brief

AI extract

What is this about?

This single judge criminal miscellaneous bail application seeked release on bail for an applicant charged with offences under IPC, IT Act, and POCSO. The court allowed bail granting her release on a personal bond and the execution of two sureties.

What did the court decide?

The applicant Smt. Mithlesh was released on bail on furnishing a personal bond and two sureties in a like amount, subject to specific conditions.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25999 of 2022

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Applicant :- Smt. Mithlesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jitendra Singh 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 Smt.Mithlesh with a prayer to release her on bail in Case Crime No.414 of 2022, under sections 342, 506 I.P.C., under Sections 3/4/5/6 Immoral Traffic (Prevention) Act & under section 16/17 Protection of Children From Sexual Offences Act, P.S. Powayan, District Shahjahanpur during pendency of the trial.

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Allegation in the FIR is that informant-victim lodged FIR against her step-mother and two accused persons including applicant that step-mother involved the victim in prostitution. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Main allegation is against step-mother and one Munni Devi who put the victim in physical relation with other persons after taking money since last one year. On 27.04.2022 she took the victim to applicant's house, where she was pressurized for illegal aforementioned act by step mother Sarla Devi. Allegation against the applicant is that victim was brought by co-accused Smt.Sarla Devi to house of the applicant. Statements of the victim recorded under sections 161 & 164 Cr.P.C. shows that allegations are against the applicant that she was brought by co-accused Sarla Devi to the house of the applicant. Allegations of physical assault are against the coaccused. 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 29.04.2022 and in case she is enlarged on bail she will not misuse the liberty of bail.

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Learned AGA opposed the bail prayer of the applicant and argued that the victim is minor and applicant is equally involved with other co-accused and she should not be granted bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in

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view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , 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, Smt.Mithlesh, who is involved in the aforesaid case crime, be released on bail on her 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 :- 19.12.2022 SKD

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Digitally signed by SURJIT KUMAR DEY Date: 2022.12.21 18:10:42 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Mithlesh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Mithlesh 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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