Allowed

Raja Babu @ Vikas Kumar Bhartiya v. State of U.P. and 3 Others

Allahabad HC19 Sept 2022BAIL/30902/2022

Case brief

AI extract

What is this about?

Single Judge allowed bail to applicant accused of rape and molestation under POCSO Act. Court noted disparity between FIR allegations and medical reports but did not express opinion on merits. Directed applicant to furnish personal bond and two sureties.

What did the court decide?

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

Raja Babu @ Vikas Kumar Bhartiya Vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30902 of 2022

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Applicant :- Raja Babu @ Vikas Kumar Bhartiya Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- P.K. 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 for committing rape with the daughter of the informant. Further submitted that in the F.I.R. no allegation of rape was made against this applicant except molestation with the victim who was sleeping in her house in the night of 29.5.2021. Even in her statement recorded under Section 161 Cr.P.C. she has not made any allegation regarding rape by this applicant likewise informant has also not made such allegation under Section 161 Cr.P.C. but during her statement recorded under Section 164 Cr.P.C. before the Magistrate she made the allegation of rape by improving her statement under pressure of her parents. It is also submitted that in medical examination, which was done promptly no any sign of sexual assault was found on the person of the victim. Again she was medically examined but no any sign of sexual assault was found and her age was determined as 17 years. In this way, there is no any evidence on record to substantiate the allegation of rape with the victim by this applicant but has been roped falsely with ulterior motive. He is languishing in jail since 1.6.2021, having no any criminal antecedent 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 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 Raja Babu @ Vikas Kumar Bhartiya involved in Case Crime No. 195 of 2021, under Sections 452, 504, 376-AB I.P.C. and Section 5/6 POCSO Act, P.S. Ghoorpur, District Prayagraj 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 :- 19.9.2022 A. Singh

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Digitally signed by ANURAG SINGH Date: 2022.09.23 17:11:52 IST Reason: Location: High Court of Judicature at Allahabad

Raja Babu @ Vikas Kumar Bhartiya v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Raja Babu @ Vikas Kumar Bhartiya 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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