Allowed

Chhotey Lal v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC7 Jun 2024/5519/2024

Case brief

AI extract

What is this about?

In this bail application, the Allahabad High Court allowed the release of the applicant, Chhotey Lal, in a case involvingSection5(n)/6 POCSO Act and offences under IPC Sections 363 and 376, noting that the victim had turned hostile.

What did the court decide?

Applicant released on bail subject to personal bond and two sureties of Rs.20,000/each with conditions to attend hearings, not commit offence, and not tamper with evidence.

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

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Neutral Citation No. - 2024:AHC-LKO:42708

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5519 of 2024

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Applicant :- Chhotey Lal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Shiv Shankar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Counter affidavit filed by learned Additional Government Advocate is taken on record.

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Heard Sri Shiv Shankar Singh, learned counsel for the applicant, Sri Awadhesh Narayan Singh, learned Additional Government Advocate and perused the record.

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By means of the instant bail application, the applicant is seeking his release on bail in Case Crime No. 0148 of 2023, under Sections 363, 376 IPC and Section 5(n)/6 POCSO Act, Police Station- Masauli, District- Barabanki.

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It is stated by learned counsel for the applicant that the aforesaid case has been registered on the basis of an FIR lodged on 03.06.2023 against the three persons including the applicant alleging therein that the applicant had enticed away the daughter of the informant/ complainant aged about 14 years. In the affidavit filed in support of the application, it is stated that the applicant is innocent, he has been falsely implicated in the present case.

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It has further been stated that after investigation, the charge sheet was submitted on 06.10.2023 against the applicant only alleging commission of offence under Sections 363, 376 IPC and Section 5(N)/6 POCSO Act.

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It is also stated that the statement of the victim has been recorded by the Trial Court, a copy of which has been annexed with the affidavit filed in support of the application, in which the victim turned hostile. As such, the applicant should be enlarged on bail.

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The learned Additional Government Advocate opposes the bail application by arguing that the tentative age of the victim is around 14 years and thus, the consent has no meaning and the

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bail application deserves to be rejected.

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Considering the aforesaid facts and circumstances of the case and the fact that the victim has turned hostile before the Trial Court, I am of the view that the applicant is entitled to be enlarged on bail. Thus, the bail application is allowed.

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Let the applicant- Chhotey Lal be released on bail in Case Crime No. 0148 of 2023, under Sections 363, 376 IPC and Section 5(n)/6 POCSO Act, Police Station- Masauli, DistrictBarabanki, subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Rupees Twenty Thousand Only) each of the like amount 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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Subhash Vidyarthi,J.

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Order Date :- 7.6.2024 (Manoj K.)

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

Chhotey Lal v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Chhotey Lal v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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