Allowed

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

Allahabad HC3 Mar 2023BAIL/6409/2023

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application No. 6409 of 2023 decided by Court No. 83, Allahabad High Court. The court allowed the bail application of Gulab Singh, accused in a case of enticement of a minor under IPC and POCSO, subject to furnishing personal bond and heavy sureties on specified conditions.

What did the court decide?

Bail granted subject to furnishing personal bond and two heavy sureties with conditions to appear in court and not tamper with evidence or intimidate witnesses.

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

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Court No. - 83

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6409 of 2023

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Applicant :- Gulab Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sudhir Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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As per the report of C.J.M, Bareilly dated 27.02.2023, notice has been served to the informant.

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Heard Shri Sudhir Kumar Tiwari, learned counsel for the applicant as well as Shri Vibhav Anand Singh, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No.315 of 2022, under Sections 363, 376 I.P.C. and 3/4 Protection of Children From Sexual Offences Act, Police Station Shahi, District Bareilly, during the pendency of trial.

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As per prosecution story, the applicant is stated to have enticed away the minor sister of the informant, aged about 17 years, on 27.11.2022 at about 4:00 AM.

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Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. It is stated by the victim herself that she was beaten up by her brother and peeved by it she had gone to the house of her sister. Learned counsel has further stated that the victim is a consenting party and has refused to get herself medically examined. The age of the victim has deliberately been suppressed by the informant and has been shown as 17 years just to bring the said offence within the purview of POCSO Act. Learned counsel has further stated that in the statement recorded u/s 164 Cr.P.C., the victim has stated that she was beaten up by her brother and she was in love with the applicant and wanted to marry him, although he has fairly conceded the fact that she had added the fact in her statement that she had entered into corporeal relationship with the applicant. Learned counsel has further stated that as per the statements, the offence not more than 497 IPC is made out against the applicant, which is bailable. Several other submissions have been made on behalf of the applicant to

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demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 06.12.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra, learned A.G.A. has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the 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- Gulab Singh involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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(i) The applicant will not tamper with the evidence during the trial.

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(ii). The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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

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(v) 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 or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge

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in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 3.3.2023 Ravi Kant

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

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