Allowed

Chhotu Alias Ranjeet v. State of U.P. Thru. Its Home Secy. Lko. and 3 Others

Allahabad HC7 Jul 2023/13621/2022

Case brief

AI extract

What is this about?

Hon'ble Court allowed bail application filed by Chhotu Alias Ranjeet. Considering victim's uneducated status, prima facie age opinion, and applicant's lack of antecedents, release on personal bond with two sureties was ordered subject to standard conditions.

What did the court decide?

Released on bail with personal bond and two sureties on conditional undertaking to attend hearings and not tamper with evidence.

Chhotu Alias Ranjeet Vs State of U.P. Thru. Its Home… — Narcotics (NDPS) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:43834

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13621 of 2022

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Applicant :- Chhotu Alias Ranjeet Opposite Party :- State Of U.P. Thru. Its Home Secy. Lko. And 3 Others Counsel for Applicant :- Umesh Singh Lodhi,Ashok Kumar Singh,Rahul Kumar Singh 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 for the State and perused the record.

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The FIR in question was lodged under Sections 363 and 366 IPC.

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The counsel for the applicant argues that the statements under Sections 161 and 164 Cr.P.C., the victim did not support the prosecution story. He argues that as the victim is uneducated, there is no concrete evidence as of now with regard to determination of age although, in radiological age, a prima facie opinion has been expressed with regard to age of the victim around 16 years. The issue with regard to age shall be determined at the time of trial after exchange of evidence.

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Learned AGA has opposed the bail application.

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Considering the statements as contained in Sections 161 and 164 Cr.P.C. and the fact that the applicant has no criminal antecedent and he is in custody since 27.07.2022. In view thereof, the application is allowed .

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Let the applicant Chhotu Alias Ranjeet be released on bail in FIR / Case Crime No.162 of 2022, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, P.S. Sohramou, District Unnao, on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of 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

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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 :- 7.7.2023 KR

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

Chhotu Alias Ranjeet v. State of U.P. Thru. Its Home Secy. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Chhotu Alias Ranjeet v. State of U.P. Thru. Its Home Secy. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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