Allowed

Lavkush Yadav v. State of U.P. Thru. Secy. Home Lko. and 3 Others

Allahabad HC20 Mar 2023/1781/2023

Case brief

AI extract

What is this about?

The court allowed the applicant's bail application in a rape and POCSO case. Bail was granted on the grounds that the victim contradicted her earlier statement during cross-examination, alleging false implication, and that the accused could not influence witnesses while investigation statements were already recorded.

What did the court decide?

The applicant is released on bail in Crime No. 0125/2022 by furnishing a bail bond and two sureties, subject to conditions against tampering and appearing in court.

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

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1781 of 2023

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Applicant :- Lavkush Yadav Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 3 Others

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Counsel for Applicant :- Ashish Kumar Maurya,Vikas Vikram Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Raghvendra Singh holding brief of Sri Vikas Vikram Singh, learned counsel for the applicant and Sri Jayant Singh Tomar, learned AGA-I for the State and peruse the record.

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The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 0125/2022, under Sections 376(3) IPC & Section 5/6 of POCSO Act, Police Station Jagatpur, District Raebareli.

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The aforesaid case has been registered on the basis of an FIR lodged on 12.05.2022 alleging that in the night of 11.05.2022 the applicant took away the informant's sister aged about 15 years on the banks of a canal and he forcibly raped her. In the statement of the informant recorded under Section 161 Cr.P.C. he reiterated FIR version and a similar statement was given by the victim.

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In the medico legal examination report of the victim, no mark of injury has been found on any part of her body. It is significant to note that before the doctor, who conducted the medico legal examination of the victim, the incident was described by the informant who is the victim's brother.

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A supplementary affidavit has been filed on behalf of the applicant annexing therewith the statements of the informant and the victim recorded by the trial court. The informant has stated that he did not witness the incident and he did not talk to his sister in this regard. The victim stated that she did not recognize the person who had given effect to the incident.

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Having considered the fact that at one place the victim stated that the applicant raped her however in her cross examination the victim again stated that the applicant did not rape her and he has falsely been implicated.

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Having considered the facts and circumstances of the case and keeping in view the fact that the statements of the informant and the victim have already been recorded, the applicant is no more in a position to influence the witnesses and also keeping in view the fact that the victim has repetitively changed her stand and at more places than one she had stated that the applicant had not committed the offence, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, this bail application is allowed .

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Let the applicant Lavkush Yadav be released on bail in Case Crime No. 0125/2022, under Sections 376(3) IPC & Section 5/6 of POCSO Act, Police Station Jagatpur, District Raebareli on furnishing a bail bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject o following conditions:-

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(i) the applicant shall not temper 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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Order Date :- 20.3.2023 Pradeep/-

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

Lavkush Yadav v. State of U.P. Thru. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Lavkush Yadav v. State of U.P. Thru. 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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