Allowed

Sumit Alias Chhuttan Yadav v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Others

Allahabad HC6 Jul 2023/62/2023

Case brief

AI extract

What is this about?

A summary bail application filed by Sumit Alias Chhuttan Yadav accused under IPC and POCSO was allowed. The High Court relied on the victim's statement and applicant's lack of antecedents to grant bail subject to conditions.

What did the court decide?

The applicant was released on bail subject to furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court below concerned with conditions to attend he

Sumit Alias Chhuttan Yadav Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:43629

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 62 of 2023

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Applicant :- Sumit Alias Chhuttan Yadav Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Others Counsel for Applicant :- Santosh Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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The accused-applicant seeks bail in Case Crime No.115 of 2022 under sections 363, 366 and 376(3) IPC and section 5-L/6 of the POCSO Act and section 3(2)(v) SC/ST Act, P.S. Khodarey, District Gonda.

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It is argued that initially the first information report in question was lodged under section 363 IPC. Subsequently, in the statement under sections 161 and 164 Cr.P.C., the victim did not support the prosecution story and stated that she had gone out of her own free will and they had married and lived as husband and wife for about one month. It is also argued that the issue with regard to age shall be determined at the time of trial The applicant is in custody since 21.09.2022 and has no criminal antecedents.

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Considering the statement of the victim under sections 161 and 164 Cr.P.C. coupled with the fact that the applicant has no criminal antecedents and is in jail since 21.09.2022, he is entitled to be enlarged on bail. Thus the bail application is allowed.

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Let the applicant Sumit Alias Chhuttan Yadav be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court below 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 :- 6.7.2023 VNP/-

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Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Sumit Alias Chhuttan Yadav v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Sumit Alias Chhuttan Yadav v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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