Allowed

Vinay Yadav v. State of U.P. Thru. Prin. Secy. Home U.P. Civil Secrett. Lko. and 3 Others

Allahabad HC23 Mar 2023/199/2023

Case brief

AI extract

What is this about?

The Single Judge allowed the bail application of the appellant, Vinay Yadav, who is accused of trafficking and rape of a girl. The court relied on the victim's statement indicating she is a major and consensual. He was released on a personal bond and two sureties.

What did the court decide?

Release of applicant on personal bond and two sureties subject to conditions not to tamper with evidence and to appear for trial.

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

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 199 of 2023

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Applicant :- Vinay Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Civil Secrett. Lko. And 3 Others

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Counsel for Applicant :- Indrajeet,Amit Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Mr. Indrajeet, learned counsel for the applicant, Mr. Jayant Singh Tomar, learned A.G.A.-I 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. 145 of 2022, under Sections 363, 366, 376 (3) I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kaiserganj, District Bahraich.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.05.2022 alleging that the applicant had enticed away the informant's sister aged about 15 years.

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In her statement recorded under Section 161 Cr.P.C. the alleged victim stated that she is aged about 19 years and that she had gone with the applicant out of her own will; that she married the applicant and is living with him as his wife and that she wants to live with the applicant only.

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The victim was taken to the medico legal examination, but she declined to undergo the same.

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A supplementary affidavit has been filed on behalf of the applicant annexing therewith a copy of the birth certificate of the alleged victim in which her date of birth has been mentioned as 19.04.2003.

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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 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 alleged victim has stated in her statement under Section 161 Cr.P.C. that she is aged about 19 years; that from the birth certificate annexed with the supplementary affidavit also, it appears that she is a major; that the victim has stated that she has gone with the applicant out of her own freewill; that the applicant has no previous criminal history and he is languishing in jail since 13.06.2022 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-Vinay Yadav be released on bail in Case Crime No. 145 of 2022, under Sections 363, 366, 376 (3) I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kaiserganj, District Bahraich 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;

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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

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prosecution shall be at liberty to move bail cancellation application before this Court.

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(Subhash Vidyarthi, J.)

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Order Date :- 23.3.2023 Ram.

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

Vinay Yadav v. State of U.P. Thru. Prin. Secy. Home U.P. Civil Secrett. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Vinay Yadav v. State of U.P. Thru. Prin. Secy. Home U.P. Civil Secrett. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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