Allowed

Pushpendra @ Kallu v. State of U.P.

Allahabad HC25 Apr 2023BAIL/58394/2022

Case brief

AI extract

What is this about?

Held that the applicant is entitled to bail in a criminal case involving IPC 306 and 506. The court noted the deceased was an adult but found no basis at this stage to conclude the applicant's alleged conduct caused her suicide. Bail granted with bonds and conditions.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties with conditions to appear, not influence witnesses, and abstain from criminal activity.

Pushpendra @ Kallu Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58394 of 2022

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Applicant :- Pushpendra @ Kallu Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Singh,Sarvesh Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Sarvesh Kumar Dubey, learned counsel for the applicant and Dr. S. B. Maurya, learned AGA-I for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 701 of 2022, under Sections 306, 506 IPC, Police Station Kotwali, District Mainpuri, during pendency of the trial in the court below.

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3.FIR of the present case was lodged against the applicant and his father under sections 306 and 506 IPC and according to the FIR, applicant used to tease the daughter of the informant and on 12.10.2022 he tried to outrage her modesty and thereafter when informant came to the house for compliant then applicant and his father threatened him and due to this reason, daughter of the informant committed suicide.

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Learned counsel for the applicant submitted that the entire allegations made against the applicant are totally false and baseless and applicant neither ever teased the daughter of the informant nor he ever tried to outrage her modesty and the daughter of the informant is 22 years girl and she was mature enough and even if the allegation which have been made against the applicant are accepted then also it cannot be said that due to the abatement of the applicant, deceased committed suicide. He further submitted that applicant is in jail in the present matter since 13.10.2022, therefore, he may be released on bail.

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Per contra, learned AGA opposed the prayer for bail and submitted that there is specific allegation in the FIR as well as in the statement of the informant that his daughter committed suicide due to conduct of applicant as applicant used to tease her and also tried to outrage her modesty but learned AGA could not dispute the fact that deceased was 22 years old girl.

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I have heard learned counsel for the parties and perused the record of the case.

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As per allegation, applicant used to tease the daughter of informant and also on 12.10.2022 he tried to outrage her modesty and due to the conduct of the applicant, deceased committed suicide.

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8.Deceased was a major girl aged about 22 years and from the allegation which are made against the applicant, it cannot be said at this stage that due to the abatement made by applicant, she committed suicide.

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Therefore, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Pushpendra @ Kallu be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 25.4.2023

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Ankita

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Pushpendra @ Kallu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pushpendra @ Kallu v. State of U.P.

Case brief

What is this about?

What did the court decide?

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