Rahul Alias Jyotendra Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others
Bail – grant
Case brief
What is this about?
Allahabad High Court, Lucknow Bench (Court No. 16), Criminal Misc. Bail Application No. 5089 of 2023, decided 17.4.2023 by Subhash Vidyarthi, J. Bail granted to Rahul alias Jyotendra Kumar in Case Crime No. 417 of 2021 under Sections 363, 366, 376, 342, 506, 323 IPC and 3/4 POCSO Act, P.S. Laalganj, District Raebareli. Grounds: victim's consistent free-will statements (Section 161 Cr.P.C. statement, investigation of subsequent FIR Case Crime No. 198 of 2022 lodged on Section 156(3) Cr.P.C. application, and statement before the Magistrate), and radiological opinion of age above 18 years. Keywords: bail, POCSO, kidnapping/enticement, minor-major age, free-will statement, Section 156(3) Cr.P.C., Section 161 Cr.P.C., bail conditions, bail cancellation.
What did the court decide?
Bail application allowed; applicant Rahul alias Jyotendra Kumar to be released on bail in Case Crime No. 417 of 2021 (Sections 363, 366, 376, 342, 506, 323 IPC and 3/4 POCSO Act, P.S. Laalganj, District Raebareli) on furnishing a bail bond and two sureties each in the like amount, subject to conditions: (i) not to tamper with prosecution evidence, (ii) not to pressurise prosecution witnesses, (iii) to appear on each and every date fixed by the trial court; on breach of any condition the prosecution may move a bail cancellation application before the Court.