Allowed

Abhishek Singh v. State of U.P. and 3 Others

Allahabad HC29 May 2023BAIL/21633/2023

Case brief

AI extract

What is this about?

The single-judge bench allowed the criminal miscellaneous bail application filed by Abhishek Singh. Relying on inconsistencies in the victim's statements regarding the names of accused and the grant of bail to the applicant's father, the court released the applicant on bond.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two sureties, subject to standard conditions of appearance and not tampering with evidence.

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

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Neutral Citation No. - 2023:AHC:120084

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21633 of 2023

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Applicant :- Abhishek Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Dr. S.B. Singh, learned AGA-I apprised the Court that on 30.4.2023, notice has been served to the informant. Despite service of notice, none appeared on behalf of the informant.

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Heard Sri S.P.S. Parmar, Advocate holding brief of Sri Ajeet Kumar Singh, learned counsel for the applicant and Dr. S. B. Singh, learned AGA-I for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 388 of 2022, under Sections 363, 376DA, 504, 506 IPC and Section 5(g)/6 POCSO Act, 2012, Police Station Gadwar, District Ballai, during pendency of the trial in the court below.

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FIR of the present case was lodged against the applicant and four others and according to the FIR, with the help of the applicant and other accused persons, co-accsued Ravi Yadav entice away the minor daughter of the informant aged about 14 years.

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Learned counsel for the applicant submitted that in the FIR, main allegation of enticement was against co-accused Ravi Yadav and when statement of the victim was recorded under sections 161 Cr.P.C. then she did not even disclose the name of the applicant and made allegation of rape against the coaccused Ravi Yadav. Although she in her statement recorded under section 161 Cr.P.C. also made accused two other persons (non applicant) but when her statement under section 164 Cr.P.C. was recorded then she introduced as many as five persons including applicant and his father and stated that all the five persons committed rape with her and this fact clearly suggests that prosecutrix under pressure of the informant started making allegation of gang rape against all the accused persons including applicant and his father and no reliance could be placed on such version.

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He further submitted that actually Ravi Yadav is the tractor driver of applicant and as he enticed away the victim, therefore, being his masters, applicant and his father were made accused by the victim in her statement recorded under section 164 Cr.P.C. on the instigation of her parents.

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He further submitted that father of the applicant has already been released on bail by this Court vide order dated 28.4.2023 passed in Crl. Misc. Bail Application No. 17922 of 2023. He placed the bail order of co-accused Vishvajeet Singh i.e. father of the applicant, during the course of argument which is taken on record and marked as 'A'.

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Per contra, learned AGA although opposed the prayer for bail but could not dispute the arguments on fact advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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Although victim in her statement recorded under section 164 Cr.P.C. made allegation of rape against five persons including applicant and his father and three others but earlier when her statement under section 161 Cr.P.C. was recorded then she did not even disclose the name of the applicant and his father and stated that co-accused Ravi Yadav committed rape with her although she made allegation of abduction against two other accused persons (non applicant).

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Further, bail of co-accused Vishwajeet Singh, father of the applicant against whom there is also allegation of rape in the statement of the victim recorded under section 164 Cr.P.C. has been released on bail by the co-ordinate Bench of this Court.

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Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Abhishek Singh , be released on bail in the aforesaid case on furnishing a personal bond and 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 shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(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.

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 29.5.2023

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Ankita

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Abhishek Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Abhishek Singh v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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