Allowed

Lalit v. State of U.P. and 3 Others

Allahabad HC29 May 2023BAIL/15559/2023

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed. Applicant Lalit, arrested for offences under IPC and POCSO Act, is granted bail on personal bond with two sureties.

What did the court decide?

Applicant to be released on bail on furnishing personal bond with two sureties.

What the court decided

Lalit Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:123961

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15559 of 2023

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Applicant :- Lalit Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anil Kuamr Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Shri D.P.S. Chauhan, learned A.G.A. appearing for the State and perused the record.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that a concocted and false story has been set up by the prosecution whereas the applicant has not committed any offence as alleged in the F.I.R. It is further submitted that there is material contradiction in the statement of victim recorded under sections 161 and 164 Cr.P.C. It is further submitted that ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is further submitted that there is criminal history of the applicant and the same has been explained in para no. 11 of the affidavit filed in support of the bail application. It is further submitted that trial is not likely to be concluded in near future. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 12.02.2023.

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Learned A.G.A. has vehemently opposed the prayer for bail and has submits that prima facie offence against the accused applicant is made out and in case applicant is release on bail, he will misuse the liberty of bail, but, he could not disputed the aforesaid facts.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, looking to the uncertainty in conclusion of trial, and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Lalit involved in Case Crime No. 93 of 2023, under Sections 354Kha, 354Gha, 323, 504, 506 I.P.C. and section 7/8 POCSO Act, Police Station Sardhana , District Meerut be released on bail on his

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furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 29.5.2023

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Bhanu

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Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad

Lalit v. State of U.P. and 3 Others

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Lalit v. State of U.P. and 3 Others

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