Allowed

Rahul Rawat v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Allahabad HC4 Apr 2024/12668/2023

Case brief

AI extract

What is this about?

An application for bail was allowed based on the principle of parity with the main accused, who was already released on bail. The applicant, having no criminal record, was granted release from custody under POCSO and IPC 376DA sections.

What did the court decide?

Allowance of bail application; applicant ordered to be released on furnishing personal bonds and two surety bonds of Rs.20,000/- each.

Rahul Rawat Vs State of U.P. Thru. Prin… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:27921

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12668 of 2023

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Applicant :- Rahul Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Others Counsel for Applicant :- Vinod Kumar Tiwari,Shivanshu Goswami Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard Sri Aman Thakur, learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . It is argued by the counsel for the applicant that the main accused has already been enlarged on bail vide order dated 29.03.2024 passed in Criminal Misc. Bail Application No. 3547 of 2024, as such, the applicant, who is in custody since 14.10.2022 having no criminal, may also be enlarged on bail on the ground of parity.

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3. Learned A.G.A. opposed the bail prayer but could not dispute the parity.

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4. Considering the same analogy and reasoning as contained in the order dated 29.03.2024, whereby the main accused has been enlarged on bail coupled with the fact that the applicant is in custody since 14.10.2022 having no criminal history and and there is nothing on record to demonstrate that the applicant 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 applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

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5. Let the applicant Rahul Rawat be released on

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bail in FIR/ Case Crime No.0095 of 2022, under Section 376DA IPC and Section 5g/6 POCSO Act, Police Station Manak Nagar, District Lucknow, on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:

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

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(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 ofÏcer or tamper with the evidence.

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Order Date :- 4.4.2024 Arun

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

Rahul Rawat v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Case brief

What is this about?

What did the court decide?

Rahul Rawat v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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