Allowed

Jhabbu Kushwaha v. State of U.P. and 3 Others

Allahabad HC13 Sept 2023BAIL/25556/2023

Case brief

AI extract

What is this about?

The High Court granted bail to Jhabbu Kushwaha in a case involving sexual assault under IPC 354 and POCSO. The court noted inconsistencies in the victim's statements and found no reasonable apprehension of tampering with evidence or intimidating witnesses. The applicant was released on a personal bond and two sureties.

What did the court decide?

Release on bail on personal bond and two sureties subject to conditions of not tampering with evidence or witnesses and appearing before the trial court.

Jhabbu Kushwaha Vs State of U.P. and 3 Others — Child Custody and Guardianship | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:177339

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25556 of 2023

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Applicant :- Jhabbu Kushwaha Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vinod Kumar Singh Kushwaha Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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As per office report dated 30.08.2023, notice of the instant bail application has been served personally on the opposite party no. 2. However, when the case is called out, no one appears on behalf of the said opposite party nor any counter affidavit has been filed on his behalf.

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Heard Sri Vinod Kumar Singh Kushwaha, counsel for the applicant and Sri Anupam Anand, learned Brief Holder for the State-opposite party.

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The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 66 of 2022 under Section 354 I.P.C., Section 7/8 of POCSO Act and Section 3(2)(Va) of SC/ST Act, Police Station- Gahmar, District- Ghazipur, during the pendency of the trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant did not act inappropriately with the victim. There are contradictions in the statements of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C. In the statement of the victim under Section 161 Cr.P.C., the victim stated that she was going alone and the co-accused acted indecently with her. However, in her statement under Section 164 Cr.P.C., she stated that at the time of incident, she was accompanied by her sister. It is further contended that material changes have been made in the statement of the victim under Section 164 Cr.P.C. to aggravate the offence and to save the failing prosecution case. The applicant is in jail since 08.05.2023, having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty.

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Learned counsel for the State has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard counsel for the parties and having perused the record this Court prima facie finds that there are inconsistencies in the statements of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C. The same discredits the prosecution case. Further, the applicant has no criminal antecedents and has remained confined for almost four months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Jhabbu Kushwaha, involved in the aforesaid case 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 conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses; and,

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

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Order Date :- 13.9.2023 Sachin Mishra

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Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad

Jhabbu Kushwaha v. State of U.P. and 3 Others

Case brief

What is this about?

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Jhabbu Kushwaha v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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