Allowed

Dabbu @ Akash Vishnoi v. State of U.P. and 3 Others

Allahabad HC12 Apr 2023BAIL/4249/2023

Case brief

AI extract

What is this about?

Bail application filed by Dabbu @ Akash Vishnoi in a case involving offences under IPC 354, 504, POCSO Act, and SC/ST Act. Court allowed bail after hearing submissions and perusing the record, noting conflicting victim statements. Applicant to furnish bond and cooperate.

What did the court decide?

Released on bail furnishing personal bond and two sureties subject to conditions: no tampering with witnesses, sincere cooperation in trial, and no further criminal activity.

Dabbu @ Akash Vishnoi Vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 87

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4249 of 2023

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Applicant :- Dabbu @ Akash Vishnoi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ravi Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 307 of 2022, under Sections 354, 504 I.P.C. and Section 7/8 POCSO Act and Section 3 (2) (5A) SC/ST Act, P.S. Sherkot, District Bijnor, during pendency of the trial.

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The allegation in the first information report is that minor daughter of informant was enticed away by the applicant.

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Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case due to village rivalry; as per F.I.R., no case is made out under alleged Sections against the applicant; the victim has not named the applicant. The applicant's name surfaced in the statement of witness Radha Rani. It has been further argued that statement of victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C are contrary to the version of F.I.R. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 07.12.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail

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application is allowed.

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Let the applicant, Dabbu @ Akash Vishnoi, who is involved in the aforesaid case 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 following conditions. Further, before issuing the release order, the sureties be verified.

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

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

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 12.4.2023 Meenu Singh

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

Dabbu @ Akash Vishnoi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Dabbu @ Akash Vishnoi 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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