Allowed

Kallu Alias Javed v. State of U.P. Thru. Secy. Home Lko.

Allahabad HC19 Jul 2024/2568/2023

Case brief

AI extract

What is this about?

In a bail application under Sections 376, 452 IPC, the Allahabad High Court allowed the petitioner's release. Relying on the victim's hostile statement during trial and the petitioner's lack of criminal history, the Court directed bail on personal and surety bonds with standard conditions.

What did the court decide?

Applicant released on bail under Sections 452, 376, 392, 352, 323, 504, 506 IPC by executing a bond with personal bond and two sureties of Rs. 20,000/- each.

Kallu Alias Javed Vs State of U.P. Thru. Secy. Home Lko. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:48822

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2568 of 2023

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Applicant :- Kallu Alias Javed Opposite Party :- State Of U.P. Thru. Secy. Home Lko.

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Counsel for Applicant :- Bipin Kumar Rai,Surya Mani

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Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . In terms of the FIR, it was alleged that the informant was raped by the applicant on 08.07.2022, threats were also used against the husband of the informant, subsequently the victim in her statement recorded during trial has not supported the prosecution story and specifically stated that nothing wrong was done to her.

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3. Learned A.G.A. opposed the bail prayer.

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4. Considering the said statement and the fact that the victim herself has been declared hostile, the applicant who is in custody since 29.08.2022 and has no criminal history is enlarged on bail. Accordingly, the bail application is allowed .

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5. Let the applicant Kallu Alias Javed be released on bail in FIR/ Case Crime No. 253 of 2022, under Sections 452, 376, 392, 352, 323, 504, 506 IPC, Police Station Banthara, 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

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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 :- 19.7.2024 Arun

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

Kallu Alias Javed v. State of U.P. Thru. Secy. Home Lko.

Case brief

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What did the court decide?

Kallu Alias Javed v. State of U.P. Thru. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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