Allowed

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

Allahabad HC25 Jan 2023BAIL/56315/2022

Case brief

AI extract

What is this about?

The High Court allowed bail to the applicant, Rupesh Kushwaha, in a criminal case involving POCSO and IPC offences related to child sexual abuse and abduction.

What did the court decide?

Bail granted on personal bond and sureties with conditions regarding evidence tampering and witness intimidation.

What the court decided

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56315 of 2022

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Applicant :- Rupesh Kushwaha Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajesh Kumar Dubey Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma

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Hon'ble Dr. Gautam Chowdhary,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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It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that the victim in her statement under Section 164 Cr.P.C. has stated that she has gone with the applicant out of her own free will and consent at Delhi and had solemnised marriage, whereas, in her statement under Section 161 Cr.P.C. she has given different version. It is thus contended that the victim has given contradictory statements under Section 161 and 164 Cr.P.C. He further submits that the victim is a consenting party and as per ossification test, the victim is aged about 20 years. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 09.07.2022 having no criminal history.

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Learned A.G.A. has opposed the prayer for bail.

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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, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

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Let applicant Rupesh Kushwaha involved in Case Crime No. 103 of 2022 under Sections 363, 366, 376 I.P.C., Section 3/4 of POCSO Act, Police Station Bhatni, District Deoria, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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A. The applicant shall not tamper with the evidence during the trial.

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B. The applicant shall not pressurize/ intimidate the prosecution witness.

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C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.

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D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected.

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E. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

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Order Date :- 25.1.2023 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

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

Case brief

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What the court decided

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

Case brief

What is this about?

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What the court decided

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