Allowed

Rishi v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Allahabad HC5 Jul 2023/135/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 135 of 2023, the Allahabad High Court granted bail to the accused applicant Rishi, who was in custody since 16.10.2022. The court considered the victim's statement indicating voluntary presence and the lack of criminal antecedents.

What did the court decide?

The applicant Rishi be released on bail subject to furnishing a personal bond and two reliable sureties each of the like amount, undertaking to attend hearings, not commit similar offences, and not ta

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

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Neutral Citation No. - 2023:AHC-LKO:43056

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 135 of 2023

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Applicant :- Rishi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Others Counsel for Applicant :- Pramod Kumar Yadav,Kumar Ayush Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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The accused-applicant seeks bail in Case Crime No.561 of 2022 under sections 363, 366, 376 IPC and section 3/4 POCSO Act, P.S. Kotwali Unnao, District Unnao.

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Submission of the counsel for the applicant is that in the statements under sections 161 and 164 Cr.P.C., the prosecutrix/victim has not supported the first information report version in fact she states that she had gone out of her own free will.

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Without going into the sufficiency or evidence which shall be seen at the time of trial and considering the statements recorded under sections 161 and 164 Cr.P.C. coupled with the fact that the applicant is in custody since 16.10.2022 and has no criminal antecedents is entitled to be enlarged on bail. Thus the present application is allowed.

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Let the applicant Rishi be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court below concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings; (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 :- 5.7.2023 VNP/-

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Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Rishi v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Case brief

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Rishi v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Case brief

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What did the court decide?

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