Allowed

Ravi Chaudhary @ Raghvendra @Patra v. State of U.P. and 3 Others

Allahabad HC30 Jan 2023BAIL/36222/2022

Case brief

AI extract

What is this about?

This court allowed a bail application filed by an accused in a case involving sections 363, 366, 376 IPC and POCSO Act. The applicant was released on a personal bond and sureties subject to standard conditions against tampering with evidence or witnesses.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties subject to standard conditions.

Ravi Chaudhary @ Raghvendra @Patra Vs State… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36222 of 2022

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Applicant :- Ravi Chaudhary @ Raghvendra @Patra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the applicant, 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. 55 of 2022, under Section 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Chandpa, District Hathras with the prayer to enlarge the applicant on bail.

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It is argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. He further argued that victim in her statement under section 161 Cr. P.C. and 164 Cr. P.C. stated her age to be 18 years. It is submitted that reading of the statement under section 161/164 Cr. P.C. does not disclose any offence against the applicant. The date of birth of victim as per High School certificate is 01.07.2004 and she was consenting party. He also submitted that no internal or external injury was found at the time medical examination. He submits that in her statement under section 161 Cr. P.C. no allegation of rape has been leveled against the applicant. It is further submitted that applicant is languishing in jail since 24.05.2022 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 Ravi Chaudhary @ Raghvendra @Patra in the aforesaid crime be released on bail on furnishing a personal bond and two sureties to the satisfaction of court concerned

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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 :- 30.1.2023

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T.S.

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Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad

Ravi Chaudhary @ Raghvendra @Patra v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ravi Chaudhary @ Raghvendra @Patra 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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