Kallu @ Lavkush v. State of U.P. and 3 Others
Case brief
What is this about?
In a second bail application for Section 342, 363, 376 IPC and POCSO charges, the High Court rejected the plea, holding no new grounds were raised and noting a serious criminal history was not required as the offence gravity precluded bail.
What did the court decide?
Bail application rejected; trial court directed to conclude trial within one year.
What the court decided
Neutral Citation No. - 2023:AHC:145871
Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29813 of 2023
Applicant :- Kallu @ Lavkush Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Puneet Kumar Counsel for Opposite Party :- G.A.,Brijesh Kumar Prajapati
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, Sri Brijesh Kumar Prajapati, learned counsel for the informant, learned A.G.A. for the State and perused the record.
The present second bail application has been filed on behalf of applicant in Case Crime No. 128 of 2021, under Sections 342, 363, 376 of IPC and 4 of Protection of Children from Sexual Offence Act, 2012, Police Station Girwan, District Banda with the prayer to enlarge the applicant on bail. The first bail application of the applicant was rejected by this Court vide order dated 25.01.2023 passed in Criminal Misc. Bail Application No. 43756 of 2022.
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 further submitted that statement of the victim was recorded before the trial Court as per which the victim was major at the time of incident. Victim performed marriage and she is having one child. There are material contradictions with regard to the place of occurrence. It is further submitted that as per the radiological report, her age was determined to be 17 years at the time of incident.It is further submitted that applicant is languishing in jail since 07.09.2021 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.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a second bail application given the gravity of the charges and lack of new grounds.
Whether the second bail application presents any fresh material warranting reconsideration of the first refusal.
Parties & counsel
- applicant
Kallu @ Lavkush
- respondent
State Of U.P.
Coram
Mayank Kumar Jain
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/29813/2023
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