Allowed

Aman @ Ramu v. State of U.P. and 3 Others

Allahabad HC3 Feb 2023BAIL/59397/2022

Case brief

AI extract

What is this about?

In this Criminal Miscellaneous Bail application, the Allahabad High Court allowed bail to the applicant, Aman @ Ramu, who was accused under sections of the IPC and POCSO Act. The court found that the applicant made out a case for bail subject to specific conditions.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two heavy local sureties subject to conditions including not tampering with evidence.

Aman @ Ramu 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. - 59397 of 2022

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Applicant :- Aman @ Ramu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sudhanshu Pratap Singh Counsel for Opposite Party :- G.A.

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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 perusal of the statement of the victim recorded under Section 164 Cr.P.C. shows that the victim has not supported the prosecution version and that the victim is a consenting party and therefore, no offence against the applicant is made out. 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 05.08.2022 having no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

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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 Aman @ Ramu involved in Case Crime No.353 of 2022 under

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Sections 363, 366, 376, 504, 506 I.P.C., and Section 3/4 of POCSO Act, Police Station Akbarpur, District Kanpur Dehat, 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 :- 3.2.2023 S.Ali

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

Aman @ Ramu v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Aman @ Ramu 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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