Allowed

Kirtivardhan Singh v. State of U.P. Thru. Prin. Secy., Lucknow and Others

Allahabad HC19 Apr 2024/1572/2024

Case brief

AI extract

What is this about?

In this criminal miscellaneous bail application, the Allahabad High Court granted bail to the applicant charged with offences under IPC and POCSO Act. The court noted the absence of rape allegations in the original FIR and the lack of corroborative material, observing the applicant had no criminal antecedents and had been in custody since November 2023.

What did the court decide?

Applicant released on bail on furnishing personal bond and two reliable sureties of Rs.20,000/- each subject to standard bail conditions.

Kirtivardhan Singh Vs State of U.P. Thru… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:30686

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1572 of 2024

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Applicant :- Kirtivardhan Singh Opposite Party :- State Of U.P. Thru. Prin. Secy., Lucknow And Others Counsel for Applicant :- Rajendra Prasad Mishra 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 as well as learned A.G.A. and perused the record. Despite service of notice, no one appeared on behalf of the complainant.

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2 . The applicant seeks enlargement on bail in FIR No.406 of 2023, under Sections 363, 376D, 323, 354, 504, 506 IPC, Section 5G/6 of POCSO Act and Section 3(1) Da, Dha of SC/ ST Act, Police Station Mankapur, District Gonda.

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3 . In terms of the FIR, it was alleged that on 12.07.2023 at about 10 PM, the daughter of the informant aged about 14 years had gone to the agricultural field for ease when the accused including the applicant misbehaved with her and caught hold her hand. The FIR was registered under Sections 354, 323, 506 of IPC and Section 7/8 of POCSO Act. Subsequently in the statement under Section 164 of Cr.P.C., the victim stated that she was talking term with the co-accused Shivam Tiwari on Instagram. It was also stated that the victim was called by the co-accused Shivam Tiwari and with the help of the applicant, the victim was taken to another place on the motorcycle and committed wrong on her and she was also beaten up. The victim also stated that this fact was revealed by the victim to her aunt on 07.07.2023.

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4 . The Counsel for the applicant argues that there is no application or an FIR in respect of the alleged incident, which was alleged to have taken place on 06.07.2023 and for the first time, the allegation of rape was levelled in the statement under Section 164 of Cr.P.C. He further argues that as per the school certificate, which is contained at page 76, the date of birth of the victim is 10.04.2007 and as per the said date of birth, the victim is more than 16 years. It is further argued by the Counsel for the applicant that the medical on record does not corroborate any of the allegations as levelled.

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5. Learned A.G.A. vehemently opposed the bail prayer.

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6. Considering the fact that the FIR does not contain any allegation of rape despite the victim informing her aunt about the alleged incident on 06.07.2023; there is no material to corroborate the allegation of rape against the applicant the two statements under Sections 161 and 164 of Cr.P.C. coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 09.11.2023, 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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7. Let the applicant Kirtivardhan Singh be released on bail in the aforesaid first information report 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 officer or tamper with the evidence.

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Order Date :- 19.4.2024 akverma

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

Kirtivardhan Singh v. State of U.P. Thru. Prin. Secy., Lucknow and Others

Case brief

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Kirtivardhan Singh v. State of U.P. Thru. Prin. Secy., Lucknow and Others

Case brief

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