Allowed

Bhagat Singh v. State of U.P. and 3 Others

Allahabad HC5 May 2023BAIL/58795/2022

Case brief

AI extract

What is this about?

Single-judge criminal miscellaneous bail application allowed. The court found the applicant made out a case for bail due to contradictions in age determination and medical evidence, despite not expressing an opinion on the merits of the charge.

What did the court decide?

Release on bail on furnishing a personal bond and two sureties, subject to conditions regarding attendance and non-interference with witnesses.

Bhagat Singh 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. - 58795 of 2022

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Applicant :- Bhagat Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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As per the Office report, notice upon informant has been served properly.

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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.08 of 2022, under Sections 341, 342, 376D, 506 of IPC and Section 5/6 of POCSO Act, Police Station Madanpur, District Lalitpur with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that applicant has not committed any offence as alleged. No internal or external injury was found on the person of the victim at the time of her medical examination. There are contradictions in the statements of informant and victim recorded under Section 161 and 164 Cr.P.C. As per the medical examination, the age of the victim is determined to be 17 years. In this respect, the law is settled that the margin of error in ascertaining the age by radiological examination is two years on either side and hence the possibility of the prosecutrix being major cannot be ruled out. It is submitted that In the FSL report no human blood or semen was found. It is further submitted that applicant is languishing in jail since 05.06.2022 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

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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 Bhagat Singh in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount 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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Order Date :- 5.5.2023 Mohit

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Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad

Bhagat Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Bhagat Singh 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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