Allowed

Ajay Rawat v. State of U.P. and 3 Ors.

Allahabad HC6 Apr 2023/14177/2021

Case brief

AI extract

What is this about?

The court allowed bail to the applicant in a criminal case involving IPC Sections 363/366/376 and POCSO, noting he was not named in the FIR and had no prior history. Bail granted on a personal bond and two sureties with standard conditions.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court.

Ajay Rawat Vs State of U.P. and 3 Ors. — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14177 of 2021

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Applicant :- Ajay Rawat Opposite Party :- State Of U.P. And 3 Ors. Counsel for Applicant :- Ajay Pratap Singh,Rama Niwas Pathak,Vinod Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Dinesh Kumar holding brief of Sri Ram Niwas Pathak, learned counsel for the applicant, Sri Vishal Agarwal, learned A.G.A. for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.0179 of 2021, under Sections 363/366/376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Gasainganj, District Faizabad/Ayodhya.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.06.2021 alleging that one Mohit Rajbhar had enticed away the informant's minor daughter.

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In the statement of the informant recorded before the Magistrate, she has stated that she loves the named accused Mohit Rajbhar and she had gone with him for marrying him. She stated that she used to make physical relations with the named accused out of her own freewill, however, she alleged that for some period Mohit made her stay at the applicant's house and she made some allegations against the applicant also.

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In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

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The learned A.G.A. has opposed the prayer for bail but could

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not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant was not named in the F.I.R.; that the victim has stated that she had gone with the named accused person as she was in love with him; that the applicant appears to have been implicated in the case because he is friend of the named accused and he had allegedly helped him; that the applicant has no previous criminal history and he is languishing in jail since 21.07.2021 and without making any observation, which may affect the merits of the case, 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 Rawat be released on bail in Case Crime No.0179 of 2021, under Sections 363/366/376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Gasainganj, District Faizabad/Ayodhya 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; (ii) the applicant shall not pressurize the prosecution witnesses; (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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Order Date :- 6.4.2023 Ram.

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

Ajay Rawat v. State of U.P. and 3 Ors.

Case brief

What is this about?

What did the court decide?

Ajay Rawat v. State of U.P. and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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