Allowed

Sanjay Pasi Alias Sanjay Rawat v. State of U.P. Thru. Prin.Secy Home and 3 Others

Allahabad HC3 Jul 2023/3213/2022

Case brief

AI extract

What is this about?

This order grants bail to the applicant in a criminal case involving abduction and touch. The court noted contradictory victim statements regarding rape allegations, the applicant's lack of antecedents, and custody duration since January 2022. No opinion was expressed on merits, but bail was allowed.

What did the court decide?

Applicant released on bail by executing personal bonds and providing two reliable sureties of equal amount.

Sanjay Pasi Alias Sanjay Rawat Vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:42216

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3213 of 2022

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Applicant :- Sanjay Pasi Alias Sanjay Rawat Opposite Party :- State Of U.P. Thru. Prin.Secy Home And 3 Others

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Counsel for Applicant :- Sachida Nand,Atul Kumar Yadav,Jyoti Rajpoot,Mukesh Kumar Misra,Vinay Kumar Verma,Vinay Kumar Yadav Counsel for Opposite Party :- G.A.,Mohammad Ahmad

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2. An FIR was lodged against the applicant under Sections 354, 363 IPC wherein the allegations were levelled against the applicant and two other persons that they had abducted the victim and have inappropriately touched the victim. A similar statement was made by the victim under Section 161 of Cr.P.C. which is on record as Annexure-2 to the bail application, however, in the statement under Section 164 of Cr.P.C., a specific statement was given against the applicant of having caused rape upon the victim.

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3. The Counsel for the applicant argues that subsequently in the statement recorded on 11.04.2022, which is on record as Annexure-SA-1 to the supplementary affidavit dated 05.05.2023. The victim specifically denying the incident of causing any rape over the victim. He further argues that the applicant is in custody since 22.01.2022 and has no criminal antecedents.

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4. The Counsel for the victim does not deny the statement made by the victim on 11.04.2003, which is on record as AnnexureSA-1 to the supplementary affidavit.

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5. Learned A.G.A. vehemently opposed the bail prayer.

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6. Considering the contradictory statements made under Sections 161 and 164 of Cr.P.C. and the subsequent statement dated 11.04.2023, the applicant is in custody since 22.01.2022, the applicant has no criminal antecedents and there is nothing on record to demonstrates that the applicant if enlarged on bail,

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would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

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7. Accordingly, the bail application is allowed .

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8. Let the applicant Sanjay Pasi @ Sanjay Rawat be released on bail in FIR/ Case Crime No.695 of 2021, under Sections 363, 376D(A) IPC and Section 5(G)/ 6 of POCSO Act, Police Station Sarojini Nagar (present Police Station Bijnore), District Lucknow on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the 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 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 :- 3.7.2023 akverma

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

Sanjay Pasi Alias Sanjay Rawat v. State of U.P. Thru. Prin.Secy Home and 3 Others

Case brief

What is this about?

What did the court decide?

Sanjay Pasi Alias Sanjay Rawat v. State of U.P. Thru. Prin.Secy Home and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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