Allowed

Anshu Rajpoot v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC18 Jun 2024/1017/2022

Case brief

AI extract

What is this about?

The Single Judge granted bail to the revisionist in a criminal appeal under the Juvenile Justice Act, 2015, based on hostile prosecution witness, co-accused on bail, and lengthy pre-trial detention.

What did the court decide?

Revisionist granted bail on a personal bond and two sureties of Rs. 20,000/- each with undertaking to attend hearings and not tamper with evidence.

Anshu Rajpoot Vs State of U.P. Thru. Prin. Secy. Home… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:43276

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Court No. - 11

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Case :- CRIMINAL REVISION No. - 1017 of 2022 Revisionist :- Anshu Rajpoot

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another

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Counsel for Revisionist :- Gajendra Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the revisionist and learned A.G.A.

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This criminal revision has been preferred by the revisionist under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 (in short 'Act of 2015') against Judgement and order dated 1.9.2022 passed by the Special Judge, POCSO Act, Lucknow in Criminal Appeal No.144 of 2022 whereby the learned Special Judge has dismissed the criminal appeal preferred by the revisionist confirming the impugned order dated 28.3.2022 passed by the learned Juvenile Justice Board, Lucknow passed in Sessions Trial No.667 of 2019 (Misc. Case No.63 of 2022 ) arising out of Case Crime No.447 of 2018, under Sections 302, 364, 201 I.P.C., Police Station Mall, District Lucknow whereby the bail application of the revisionist was rejected.

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Learned counsel for the revisionist submits that the witness based upon whose statements, the applicant was linked with the offence in question, has been declared hostile in terms of the statement recorded and placed before this court through supplementary afÏdavit dated 1.11.2023. The revisionist in custody since 18.11.2018 and the co accused has already been enlarged on bail.

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Considering the fact that the co accused has already been enlarged on bail and the witness has turned hostile and has not supported the prosecution story coupled with the fact that the revisionist has no criminal history, has spent

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almost six years of pre trial detention and there is nothing on record to demonstrate that the revisionist if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the revisionist is entitled to be released on bail.

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Accordingly, the criminal revision is allowed. The impugned judgement and order dated 1.9.2022 passed by the Special Judge, POCSO Act, Lucknow in Criminal Appeal No.144 of 2022 and the impugned order dated 28.3.2022 passed by the learned Juvenile Justice Board, Lucknow passed in Misc. Case No.63 of 2022 arising out of Case Crime No.447 of 2018, under Sections 302, 364, 201 I.P.C., Police Station Mall, District Lucknow are hereby set aside.

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The revisionist Anshu Rajpoot shall be released on bail in Sessions Trial No.667 of 2019 (Misc. Case No.63 of 2022) arising out of Case Crime No.447 of 2018, under Sections 302, 364, 201 I.P.C., Police Station Mall, District Lucknow on his furnishing a personal bond and two sureties of Rs.20,000/- each in the like amount to the satisfaction of the Juvenile Justice Board subject to following conditions :-

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(a) The revisionist shall execute a bond to undertake to attend the hearings;

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(b) The revisionist shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) The revisionist 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 ofÏcer or tamper with the evidence.

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Order Date :- 18.6.2024/Shukla

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Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Anshu Rajpoot v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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Anshu Rajpoot v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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What did the court decide?

What the court decided

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