Allowed

Santosh Rawat v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Allahabad HC9 Jan 2024/56/2024

Case brief

AI extract

What is this about?

This is a bail application in a criminal case alleging sexual offences and cheating. The High Court, finding the statements consistent with the FIR but no medical evidence of injury on record, allowed the bail prayer and released the applicant.

What did the court decide?

The applicant is released on bail by furnishing personal bonds and two sureties of Rs. 25,000/- each.

Santosh Rawat Vs State of U.P. Thru. Prin. Secy. Home… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:2358

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56 of 2024

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Applicant :- Santosh Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Atul Kumar Singh 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 brother of the informant was married to one Pooja in the year 2021 and brother of Pooja used to come to the house of the informant and wanted to marry the informant and thereafter started talking on the telephone. It is also stated that he promised to marry her after she attains the age of 18 years. It was also stated that after the marriage was solemnized, he used to beat her and thereafter she came to her parental house. The allegations were leveled against the uncle of the husband with regard to the commission of offence under Section 376 IPC.

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3 . The submission of the counsel for the applicant is that on account of matrimonial dispute, the applicant has been roped in with the offence in question. The statements under Sections 161 & 164 Cr.P.C. also are in consonance with the allegation leveled in the F.I.R. Medical on record does not indicate any external injury, thus apart from the bald statements, there is nothing on record to implicate or link the applicant with the offence in question. The applicant has no criminal history and is in custody since 17.07.2023.

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

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5. For all the reasons recorded above, the applicant is enlarged on bail. Accordingly, the bail application is allowed .

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6. Let the applicant Santosh Rawat be released on bail in FIR/ Case Crime No. 179 of 2023, under Sections 376, 506 IPC, Police Station Ajgain, District Unnao on his furnishing personal bonds and two reliable sureties of Rs.25,000/- 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 ofÏcer or tamper with the evidence.

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Order Date :- 9.1.2024 Arun

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

Santosh Rawat v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Case brief

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Santosh Rawat v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Case brief

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