Allowed

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

Allahabad HC20 Jun 2023BAIL/25486/2023

Case brief

AI extract

What is this about?

Criminal court allowed bail to the applicant charged with offences under IPC and POCSO Act. The court found it a fit case for bail without expressing an opinion on merits, subject to standard conditions and verification of sureties.

What did the court decide?

Release on bail with personal bond and two sureties subject to conditions regarding witness tampering, no adjournments, and no commission of further crimes.

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

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Neutral Citation No. - 2023:AHC:127440

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Court No. - 47

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25486 of 2023

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Applicant :- Ravi Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Ashwani Kumar Pathak Counsel for Opposite Party :- G.A.,Ritish Kumar Mishra

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Hon'ble Ms. Nand Prabha Shukla,J.

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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 by the applicant with a prayer to enlarge him on bail in Case Crime No. 340 of 2022, under Sections 363, 366, 376, 120(B) I.P.C., and Section 3/4 POCSO Act, Police Station- Khajni, District- Gorakhpur during pendency of the trial.

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It has been contended by learned counsel for the applicant that the victim in her statement recorded under Section 164 Cr.P.C. has stated that she was in talking terms with the applicant since past 5 to 6 months. She left the house along with the applicant on her own free will. The applicant did not pressurize her or force her to leave the house. They both went to Mumbai and solemnised their marriage. It has also been stated that as per the High School certificate, the age of the victim is about 17 years and 7 months and is presently residing at the house of the applicant. The applicant is falsely implicated in this case. The applicant is languishing in jail since 24.03.2023. There is no criminal history against the applicant except the present case. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the aforesaid facts.

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Considering the entire facts and circumstances of the case as well as submissions made by learned counsel for the parties and without expressing any opinion on merits of the case, I find it a fit case for bail.

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In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Ravi involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime similar to the offence of which he is accused after being released on bail.

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(iv) 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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(v) The identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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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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Order Date :- 20.6.2023 Shivani

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

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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