Allowed

Pawan Singh v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Allahabad HC19 Apr 2023/990/2023

Case brief

AI extract

What is this about?

This bail application was allowed. The court noted discrepancies in the victim's statements, a one-month delay in FIR registration, and no physical injuries reported. The applicant was released on bail subject to standard conditions.

What did the court decide?

Released on bail on furnishing bond and sureties subject to conditions of not tampering with evidence and appearing in court.

Pawan Singh 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. - 990 of 2023

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Applicant :- Pawan Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Others Counsel for Applicant :- Amit Kumar Awasthi,Shubham Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Amit Kumar Awasthi, the learned counsel for the applicant, Sri Manish Kumar Pandey, learned AGA-I for the State and perused the record.

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This second bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 362 of 2020, under Sections 376AB/323 IPC & 3(2)5 SC/ST Act & 5(m)/6 POCSO Act, Police Station Isanagar, District Kheri.

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The first bail application was rejected by means of an order dated 13.07.2022 as not pressed.

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The aforesaid case has been registered on the basis of an FIR lodged on 21.07.2020, alleging that the applicant had raped the informant's niece on 22.06.2020 at about 02.00 pm, when she had gone to ease herself in a field near her house.

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In the statement of the victim recorded under Section 161 Cr.P.C., she stated that her younger sister was also present with her and while she was easing herself, the applicant took her away in a sugarcane field and raped her. The applicant ran away after committing the offence leaving the victim behind and thereafter her sister came there and then both of them went home. In the medico legal examination report of the victim, no mark of injury or sign of use of force has been reported on any part of her body.

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In the statement of the victim recorded under Section 164

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Cr.P.C., she did not mention that her sister had accompanied her and she stated that the applicant had stuffed a towel in her mouth due to which she could not shout, he had beaten her with a stick and some passers by had saved her.

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In the affidavit filed in support of the bail application it has been stated that the applicant is innocent and he has been falsely been implicated in the present case and that he has no previous criminal history.

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It has further been stated that the statement of the informant PW-1 Kripali was recorded on 25.11.2021 and his crossexamination could not be done till 02.12.2022, on which date the applicant had obtained a questionnaire to this effect.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident is alleged to have occurred on 22.06.2020 whereas the FIR has been lodged on 21.07.2020 with a delay of one month; that there are some discrepancies in the statements of the victim recorded under Section 161 Cr.P.C. and 164 Cr.P.C. as noted above and no abnormality has been reported in the medico legal examination report of the victim and that the statement of PW-1 was recorded on 25.11.2021 and he has not been examined till date and the applicant is languishing in jail since 08.08.2020 and without making any observation which may affect the merit of the case, 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 Pawan Singh be released on bail in Case Crime No. 362 of 2020, under Sections 376AB/323 IPC & 3(2)5 SC/ST Act & 5(m)/6 POCSO Act, Police Station Isanagar, District Kheri on furnishing a bail bond and two sureties each in the like amount to the satisfaction of

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magistrate/court concerned, subject to 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 :- 19.4.2023 Pradeep/-

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

Pawan Singh v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Case brief

What is this about?

What did the court decide?

Pawan Singh v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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