The Allahabad High Court allowed bail to Danish, an applicant charged with rape and POCSO offences. The court prima facie concluded the case appeared to involve consensual relationships and noted the victim's medical age as 18 years.
The applicant Danish was released on bail upon furnishing a personal bond and two sureties subject to standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:128008
Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24721 of 2023
Applicant :- Danish Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sitendra Singh,Narendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vinod Diwakar,J.
(1). The applicant shall not tamper with the evidence and shall cooperate with the police as required.
(2). The applicant shall refrain from pressurizing the witnesses during the trial.
(3). The applicant shall cooperate in the trial sincerely without seeking any adjournment.
Order Date :- 21.6.2023 Satish
Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted to the applicant, Danish, charged with offences under IPC and POCSO Act amidst conflicting prosecution evidence regarding consent and victim's age.
Whether the delay in FIR registration and contradictions in police statements justify granting bail in a heinous offence case.
What conditions must be imposed upon the release of the applicant on bail to ensure justice and safety during trial.
Danish
State Of U.P.
Vinod Diwakar
As recorded by the court registry
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