Allowed

Abhay Patel v. State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow and 3 Others

Allahabad HC4 Jul 2024/6124/2023

Case brief

AI extract

What is this about?

In a POCOS bail application, the court made interim bail absolute noting the victim's conflicting statements. It directed court to summon another accused jointly stated by the victim and deleted the associated connected petition.

What did the court decide?

Interim bail made absolute; direction to summon Dinesh Yadav; connected petition delinked.

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

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Neutral Citation No. - 2024:AHC-LKO:45584

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6124 of 2023

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Applicant :- Abhay Patel Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow And 3 Others Counsel for Applicant :- Santosh Kumar Srivastava,Rahul Srivastava,Ram Ujagir Verma,Sachin Verma Counsel for Opposite Party :- G.A.,Ajeet Singh,Ravindra Kumar Yadav

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, Shri Ravindra Kumar Yadav, learned counsel for the respondent no.2 as well as learned A.G.A. and perused the record.

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My attention has been drawn to the order dated 8.12.2023 whereby Co-ordinate Bench of this Court had granted interim bail to the applicant.

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Considering the statement of the victim where she agreed to stay with the applicant as a legally wedded wife and the applicant had also admitted the factum of marriage, learned counsel for the applicant argued that during the course of the trial, the victim has recorded her statement before the POCSO Court specifically stating that she is not ready and willing to live with the applicant.

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This court finds no material to suggest that the applicant had misused the liberty of interim bail granted by Co-ordinate Bench of this court vide order dated 8.12.2023.

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Considering the variable stand taken by the victim before this court and before the POCSO Court and the fact that the applicant has not misused the liberty of interim bail granted to him, interim bail granted vide order dated 8.12.2023 is made absolute.

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No fresh sureties are required apart from the sureties what was furnished in terms of the order dated 8.12.2023 passed by a Co-ordinate Bench of this Court.

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The present bail application stands allowed finally , in terms of the conditions mentioned in interim bail order dated 8.12.2023.

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Before parting with the order, it appears that in the statement of the victim recorded on 15.5.2024, the victim alleged that physical relations were formed by the applicant as well as Dinesh Yadav which was also stated before the medical authorities.

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In view of the aforesaid statement of the victim recorded on 15.5.2024 before the trial court, the POCSO Court concerned is directed to take steps for summoning Dinesh Yadav, in exercise of powers under Section 319 Cr.P.C. and take the same to its logical conclusion.

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OfÏce is directed to delink the record of connected petition under Section 482 Cr.P.C.

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Order Date :- 4.7.2024/Shukla

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

Abhay Patel v. State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow and 3 Others

Case brief

What is this about?

What did the court decide?

Abhay Patel v. State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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