Allowed

Shobhit v. State of U.P. and 3 Others

Allahabad HC7 Dec 2022BAIL/38820/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application where the applicant sought release from custody in a case involving IPC sections 363, 504, 506 and POCSO sections 7/8. The court allowed bail citing reasons of innocence and discrepancy in victim statements.

What did the court decide?

Release of applicant on personal bond and two sureties subject to specific conditions regarding interference with witnesses, trial cooperation, and non-reoffending.

Shobhit 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. - 38820 of 2022

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Applicant :- Shobhit Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vinay Kumar Tripathi Counsel for Opposite Party :- G.A.,Sanjay Kumar Tripathi

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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 with a prayer to release the applicant on bail in Case Crime No. 422 of 2022 registered under Sections 363, 504, 506 IPC and Section 7/8 Protection of Children From Sexual Offences Act, Police Station Sadar Bazar, District Bulandshahr during pendency of the trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The allegation in the FIR lodged on 7.5.2022 is that five named accused persons and one unknown person have enticed away the minor daughter of the informant. The applicant is not named in the FIR. As per medical examination report the age of the victim is ascertained as 19 years old. It is further submitted that the victim in her statement under Section 161 Cr.P.C. has stated that she on her own accord went to the house of the applicant and stayed there for two days. The applicant has not made any physical relation with her and the statement under Section 164 Cr.P.C. made by the victim are contrary to the statement recorded under Section 161 Cr.P.C. In statement under section 164 Cr.P.C. she has not made any allegation upon the applicant.

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The applicant is languishing in jail since 8.8.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Learned counsel for the informant vehemently opposed the prayer of bail of the applicant, and has argued that the as per school certificate her age is about 13 years and she is minor and no reliance can be placed on her statement.

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Learned A.G.A. has opposed the bail prayer of the applicant submitting that the offence is of serious nature. However, he could not dispute the aforesaid facts.

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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 law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , 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 Shobhit, who is involved in the aforesaid case crime, be released on bail 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 :- 7.12.2022 S.K.S.

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Digitally signed by SUNIL KUMAR SINGH Date: 2022.12.08 10:20:25 IST Reason: Location: High Court of Judicature at Allahabad

Shobhit v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Shobhit 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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