Allowed

Anand Singh Alias Jhinaku Singh v. State of U.P. Thru. Addl. Prin. Secy. Deptt. Home, Lko. and 3 Others

Allahabad HC1 Oct 2024/12604/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the bail application. Despite opposition, the court observed that 9 witnesses were examined but the trial stalled due to missing FSL report and victim non-identification. The applicant, detained since September 2020, was released due to prolonged custody and lack of trial conclusion prospects.

What did the court decide?

Released on bail with personal bond and two sureties of Rs.20,000/- each under specified conditions.

Anand Singh Alias Jhinaku Singh Vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:68075

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12604 of 2022

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Applicant :- Anand Singh Alias Jhinaku Singh Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Deptt. Home, Lko. And 3 Others Counsel for Applicant :- Jai Shrinet Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant, learned AGA and perused the record as well as the report sent by the trial Court.

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2. The applicant seeks enlargement on bail in FIR No.245 of 2020, under Section 376(3), 323, 504, 506 IPC, Section 3/4(2) of POCSO Act & Section 3(2)V of SC/ST Act, P.S. Jaitpur, District Ambedkar Nagar.

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3. A report has been sent by the trial Court wherein it has been stated that as many as 9 witnesses have already been examined, however, as the FSL report is not brought on record, the trial is not proceeding. Even in the statement of the victim, she stated that she could not identify the applicant.

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4. Learned AGA has opposed the bail application.

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5. Considering the report that the trial is not proceeding because of unavailability of the FSL report and the applicant continues to languish in custody since 12.09.2020 having no substantial criminal antecedents, the applicant is entitled to be enlarged on bail on the ground of prolonged pre-trial detention and as there is no likelihood of the trial being concluded in the near future. In view thereof, the application is allowed.

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6. Let the applicant Anand Singh Alias Jhinaku Singh be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant 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 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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Order Date :- 1.10.2024 nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench

Anand Singh Alias Jhinaku Singh v. State of U.P. Thru. Addl. Prin. Secy. Deptt. Home, Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Anand Singh Alias Jhinaku Singh v. State of U.P. Thru. Addl. Prin. Secy. Deptt. Home, Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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