The court allowed bail to the applicant. It noted that the victim's statements under Sections 161 and 164 Cr.P.C. conflicted regarding the allegation of forceful assault, and her tentative age was 18-20 years. The applicant had no criminal history.
Release on bail with personal bond and two sureties of Rs. 20,000/- each.
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Neutral Citation No. - 2024:AHC-LKO:44823
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4219 of 2024
Applicant :- Chhotey
Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Applicant :- Brijesh Kumar
Counsel for Opposite Party :- G.A.,Amrendra Singh Somvanshi,Mohit Singh
Hon'ble Pankaj Bhatia,J.
applicant is in custody since 24.12.2023 having no criminal history, I am of the view that the applicant is entitled to be released on bail.
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(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.
Order Date :- 1.7.2024
Shukla
Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to bail given conflicting victim statements and tentative age.
Whether the prima facie case for bail is made out considering the victim's lack of consistent support.
Chhotey
State Of U.P.
Pankaj Bhatia
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
