Allowed

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

Allahabad HC4 Jan 2023BAIL/40970/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 40970 of 2022, the Allahabad High Court allowed the bail application of Pintoo, accused of offences including rape and crimes against children. The court concluded that the applicant had made out a case for bail despite the gravity of the charges.

What did the court decide?

Accused Pintoo released on bail on furnishing a personal bond and two sureties subject to conditions against tampering and influencing witnesses.

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

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40970 of 2022

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Applicant :- Pintoo Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Udai Bhan Singh,Avanish Pratap Singh,Dileep Kumar Yadav Counsel for Opposite Party :- G.A.,Saumya Srivastava

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Hon'ble Mayank Kumar Jain,J.

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Heard Shri Dileep Kumar Yadav, Shri Avanish Pratap Singh, learned counsel for the applicant, Ms. Saumya Srivastava, learned counsel for the informant and 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, who is involved in Case Crime No. 453 of 2021, under sections 363, 376, 506 IPC and 5J(2)/6 of Protection of Children from Sexual Offences Act, Police Station Chilkana, District Saharanpur, with the prayer to enlarge the applicant on bail.

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It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. It is further submitted that as per medical examination report of the victim, her age is determined as 20 years. She refused for her internal medical examination. The victim in her statements recorded under sections 161 and 164 Cr.P.C. stated that her age is 20 years and she left her paternal home on her own sweet will and performed marriage with the applicant and both of them were lived together happily. Learned counsel for the applicant further submitted that at present the victim, who has carrying pregnancy of 8 months, is living in the house of the applicant. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence.The applicant is languishing in jail since 28.06.2021. The applicant does not have any criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail and submitted that at the time of occurrence, the victim was minor, therefore, her consent is of no significance.

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Considering the entire facts and circumstances of the case,

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submissions of learned counsel for the parties, nature of evidence, gravity of offence, 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 Pintoo, involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties to the satisfaction of court concerned 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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It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

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Order Date :- 4.1.2023 Sazia

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Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

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