Allowed

Sukhpal v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.

Allahabad HC19 Jul 2024/1504/2024

Case brief

AI extract

What is this about?

In a bail application under Sections 465, 467, 471, 468 IPC, the High Court allowed the release of the applicant, who was falsely implicated due to co-accused conspiring to show a juvenile as such. The court imposed standard bail conditions.

What did the court decide?

Release of the applicant on bail upon furnishing a personal bond and two sureties with conditions not to tamper with evidence or witnesses.

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

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Neutral Citation No. - 2024:AHC-LKO:48928

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Court No. - 31

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1504 of 2024 Applicant :- Sukhpal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. Counsel for Applicant :- Sanjay Singh Chauhan,Alok Kumar Singh,Mohd. Waqar,Syed Wajahat Ali @ Vijahat Ali Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Syed Wajahat Ali, learned counsel for the applicant, Sri Anant Pratap Singh, learned A.G.A. for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 287 of 2023, under Sections 465, 467, 471, 468 I.P.C., registered at Police Station Mohammadi, District Lakhimpur Khiri.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.05.2023, against seven named persons, including the applicant, alleging that one Jane Alam is an accused in Case Crime No. 115 of 2021, under Sections 302, 34, 504, 506 I.P.C, Police Station Pasgawan, District Kheri and he has not studied in any school. After he was made an accused in the aforesaid case, his father-co-accused Mangal and other co-accused persons conspired to show Jane Alam to be a juvenile and they got Jane Alam admitted to Sri Kamta Prasad Primary School, on the basis of a statement showing his false date of birth.

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The applicant is the Principal of the school in which Jane Alam was admitted on the strength of the affidavit.

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In the affidavit filed in support of bail application, it has been stated that the applicant is innocent, he has been falsely implicated

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in the present case and he has no criminal history.

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The co-accused-Mangal Khan who is father of Jane Alam has already been granted bail by this Court in Criminal Misc. Bail Application No. 14149 of 2023 by means of an order dated 15.03.2024 in the present case.

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The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that there is no allegation of any documents having been forged by the applicant himself, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant- Sukhpal be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

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[Subhash Vidyarthi,J.]

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Order Date :- 19.7.2024/Ruhi H.

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Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad, Lucknow Bench

Sukhpal v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.

Case brief

What is this about?

What did the court decide?

Sukhpal v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.

Case brief

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What did the court decide?

What the court decided

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