Allowed

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

Allahabad HC20 Jan 2023BAIL/23450/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 23450 of 2022, the Allahabad High Court granted bail to Vipin accused of offences under IPC and POCSO Act, Police Station Chopan. The court held the applicant had made out a case for bail subject to standard conditions. Bail allowed.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties subject to specified conditions.

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

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23450 of 2022

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Applicant :- Vipin Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Saksham Srivastava,Rahul Mishra Counsel for Opposite Party :- G.A.,Kripa Kant Pandey

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Hon'ble Mayank Kumar Jain,J.

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Learned counsel for the applicant has filed supplementary affidavit, which is taken on record.

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Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed on behalf of applicant in Case Crime No. 348 of 2021, under Sections 420, 376 (3), 313, 506, 504 of IPC and section 51/6 POCSO Act, Police Station Chopan, District Sonbhadra, with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that the allegation leveled against the applicant are vague and false. The FIR has been lodged almost after one year without any explanation. She in her statement under Section 164 Cr.P.C. has clearly stated that she does not have any issue with the applicant if he ready to marry her. It is further submitted that the applicant is ready to marry with her. She has further stated that she was in relationship since 2018 with the applicant. As per the medical examination report no injury was found on the person of the victim. Hymen was old torn. The age of the prosecutrix was about 17 years at the time of incident and the variation of one year in her age is possible. It appears that the victim is consenting party. It is further submitted that applicant is languishing in jail since 07.04.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, 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 Vipin in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:

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(1). The applicant will not tamper with the prosecution evidence during the trial.

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(2). The applicant will not influence any witness.

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(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

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(4). 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 to any police officer or tamper with the evidence.

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

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Order Date :- 20.1.2023 v.k.updh.

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Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

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