Single-judge court allowed bail in a rape case under IPC and POCSO charges. Judgment noted inconsistency in victim's statements and lack of medical injuries. Applicant released on personal bond and two sureties, with standard conditions.
Relief on personal bond and two sureties each in like amount.
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Neutral Citation No. - 2023:AHC:136102
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13234 of 2023
Applicant :- Bittu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Reena Pal Counsel for Opposite Party :- G.A.,Sanjay Srivastava
Hon'ble Sameer Jain,J.
fact clearly suggests that victim is not reliable witness.
the applicant and two others. Thus, there are material variation in the statement of victim recorded under Sections 161 and 164 Cr.P.C.
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and antisocial activity.
Order Date :- 11.7.2023 SKM
Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to be released on bail in a rape case involving a minor victim.
Whether variations in victim's Statements 161 and 164 Cr.P.C. and lack of injuries indicate doubt in prosecution case.
Whether personal bond and sureties are sufficient conditions for bail without prejudice to merits.
2 provisions across 2 enactments
Bittu
State of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
