Allowed

Ajay Singh Bhadauriya @ Lala v. State of U.P. Thru Home Deptt. Lucknow and Ors.

Allahabad HC14 Mar 2023/11528/2021

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application filed by Ajay Singh Bhadauriya under Section 376 IPC and POCSO Act. The High Court allowed bail noting that the victim had denied the allegations during trial and no evidence of force was found in the medical report.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties, subject to conditions not to tamper with evidence, pressurize witnesses, and appear in court.

Ajay Singh Bhadauriya @ Lala Vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11528 of 2021

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Applicant :- Ajay Singh Bhadauriya @ Lala Opposite Party :- State Of U.P. Thru Home Deptt. Lucknow And Ors.

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Counsel for Applicant :- Piyush Kumar Singh,Dhirendra Vikram Singh,Gangeshwar Pandey,Harsha Triptahi,Krishna Kumar Singh,Mrs.Suniti Sachan

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Counsel for Opposite Party :- G.A.,Sanjay Kumar Singh

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Hon'ble Subhash Vidyarthi,J.

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Heard Ms. Suniti Sachan, the learned counsel for the applicant and Mr. Hari Shankar Maurya, learned A.G.A. for the State and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 61 of 2021, under Section 376 IPC and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Sareni, District Raebareli.

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The first information report alleges that the applicant took away the informant's daughter under some false pretext and he committed rape on her in a jungle. The medico legal examination report of the victim annexed with the affidavit filed in support of application for bail indicates that the doctor has opined that according to the medical examination report no evidence of use of force was seen.

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During trial the statement of the victim has been recorded on 05.11.2022, a copy whereof has been filed along with the supplementary affidavit and the victim has categorically denied the allegations levelled against the applicant and she has denied that she had given statement under Section 161 Cr.P.C. and 164 Cr.P.C. implicating the applicant.

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Learned A.G.A. has opposed the prayer for bail but could not dispute of aforesaid fact situation.

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Considering the facts and circumstances of the case as narrated above and that the applicant is languishing in jail since 31.03.2021, I am satisfied that the applicant is entitled to be enlarged on bail in the aforesaid case crime.

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Accordingly, this bail application stands allowed .

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Let the applicant Ajay Singh Bhadauriya @ Lala be released on bail in Case Crime No. 61 of 2021, under Section 376 IPC and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Sareni, District Raebareli on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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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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(Subhash Vidyarthi, J.)

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Order Date :- 14.3.2023 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Ajay Singh Bhadauriya @ Lala v. State of U.P. Thru Home Deptt. Lucknow and Ors.

Case brief

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Ajay Singh Bhadauriya @ Lala v. State of U.P. Thru Home Deptt. Lucknow and Ors.

Case brief

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What the court decided

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