Allowed

Chhanga v. State of U.P. Thru. Pirn. Secy. Home Lko. and 3 Others

Allahabad HC9 Oct 2023/1518/2023

Case brief

AI extract

What is this about?

This was a bail application in a case involving molestation of an 11-year-old girl, chargeable under Sections 354-B/323/342 IPC and the POCSO Act. The court noted a discrepancy in the victim's statements regarding the time of the incident and the applicant's advanced age and clean record, granting bail.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties, subject to conditions not to tamper with evidence, harass witnesses, and to appear as required.

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

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Neutral Citation No. - 2023:AHC-LKO:65135

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1518 of 2023

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Applicant :- Chhanga Opposite Party :- State Of U.P. Thru. Pirn. Secy. Home Lko. And 3 Others Counsel for Applicant :- Atul Benjamin Solomon,Kanchan Maurya,Tilotma Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Ms. Kanchan Maurua, the learned counsel for the applicant, Sri Triveni Prasad, the 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 Sessions Trial No.1912 of 2022, Case Crime No. 311 of 2022, under Sections 354-B/323/342 I.P.C. and Section 9/10 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Mall, District Lucknow.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.08.2022 alleging that when the informant's grand daughter aged about 11 years was alone at home the applicant entered the house and molested her.

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In the statement of the victim recorded under Section 161 Cr.P.C. she stated that when the incident occurred in the evening her younger brother was present in the house. The applicant came to her house, sent her younger brother outside, took her in a room, disrobed her and tried to force himself upon her. A neighbour saw this an raised hue and cry, whereupon several persons gathered there and the applicant ran away.

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In the statement of the victim recorded under Section 164 Cr.P.C. she stated that several ladies had reached on the spot and the incident took place at about 12.00 noon.

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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 State has filed a counter affidavit annexing therewith copies of materials collected during investigation.

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A supplementary affidavit has been filed on behalf of the applicant stating that the applicant is a 73 years old person. The reason for the implication of the applicant has been stated in para 7 of the affidavit that there is a dispute regarding giving some agricultural land on batai.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the discrepancies regarding time of the incident as at one place the victim states that the incident occurred in the evening whereas at another place she states that the incident took place at 12.00 noon, coupled with the fact that the applicant is a 73 years old person having no previous criminal history and he is languishing in jail since 02.08.2022 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant-Chhanga be released on bail in Sessions Trial No.1912 of 2022, Case Crime No. 311 of 2022, under Sections 354-B/323/342 I.P.C. and Section 9/10 of Protection of Children from Sexual Offences Act, 2012, registered at Police

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Station Mall, District Lucknow 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;

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

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(Subhash Vidyarthi, J.)

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Order Date :- 9.10.2023 Ram.

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

Chhanga v. State of U.P. Thru. Pirn. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Chhanga v. State of U.P. Thru. Pirn. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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