Allowed

Ashok Rajbhar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow and Others

Allahabad HC25 Apr 2024/2532/2024

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application No. 2532 of 2024. The court allowed bail to the applicant charged with kidnapping, abduction, and rape under IPC and POCSO. Relying on the victim's statement showing a prior relationship and lack of corroboration from delayed medical exam, the court granted bail with personal bond and sureties.

What did the court decide?

Released on personal bond and two sureties of Rs. 20,000 each subject to conditions to attend hearings, not commit similar offences, and not tamper with evidence.

Ashok Rajbhar 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:32470

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2532 of 2024

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Applicant :- Ashok Rajbhar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow And Others Counsel for Applicant :- Mahendra Pratap Verma 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.218 of 2023, under Sections 363, 366, 376(2)(n), 323 of IPC and Section 5/6 of POCSO Act, Police Station Bhiti, District Ambedkar Nagar.

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3 . In terms of the FIR, a missing person report was lodged alleging that the daughter of the informant was enticed away by the applicant. Subsequently, in the statement under Section 164 of Cr.P.C., the victim stated that she was in love with the applicant since childhood and subsequently both the them had gone together, the applicant was already married. The allegation of forceful sexual relation was levelled. The medical on record was conducted after substantial delay, which naturally does not corroborate any of the allegation of Section 376 of IPC. The tentative age of the victim is around 17-18 years.

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

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5. Considering the statement under Section 164 of Cr.P.C.; both the victim had knew each other since the childhood; the victim was in love with the applicant coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 01.10.2023, 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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6. Let the applicant Ashok Rajbhar 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

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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 :- 25.4.2024 akverma

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

Ashok Rajbhar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow and Others

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Ashok Rajbhar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow and Others

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