Allowed

Lavkush Yadav v. State of U.P. Thru. Prin. Secy. Home and 3 Others

Allahabad HC18 Jul 2023/11166/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application. The applicant, charged under Section 376 IPC and other sections, argued that he had married the victim during the trial. The court granted bail considering this development and the applicant's lack of criminal record.

What did the court decide?

The applicant was released on bail in FIR/ Case Crime No.318 of 2021 on furnishing personal bonds and two reliable sureties of Rs.25,000/- each.

Lavkush Yadav Vs State of U.P. Thru. Prin… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:46980

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11166 of 2022

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Applicant :- Lavkush Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Applicant :- Uma Kant Gupta,Sudhakar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . The Counsel for the applicant argues that the FIR was lodged under Section 376 IPC. He further argues that during the pendency of the trial, the applicant and the victim had married as stated in the supplementary affidavit which is clear from the Marriage Certificate appended at page 43 of the bail application. The age of the victim as per the marriage certificate is 18 years at the time of incident.

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3. Learned A.G.A. vehemently opposed the bail prayer.

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4. Considering the development that has taken place and the fact that the applicant is in custody since 07.10.2021 and has no criminal antecedents, I am of the view that the applicant is entitled to be released on bail.

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5. Accordingly, the bail application is allowed .

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6. Let the applicant Lavkush Yadav be released on bail in FIR/ Case Crime No.318 of 2021, under Section 376-D.A., 506 IPC and Section 3(2)5 SC/ST Act and Section 3/4 of POCSO Act, Police Station Lalganj, District Raebareli on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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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Order Date :- 18.7.2023 akverma

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Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

Lavkush Yadav v. State of U.P. Thru. Prin. Secy. Home and 3 Others

Case brief

What is this about?

What did the court decide?

Lavkush Yadav v. State of U.P. Thru. Prin. Secy. Home and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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