In a bail application, the court verified facts regarding allegations of domestic dispute involving the applicant and prosecutrix. The court directed parties to file affidavits, allowed family mediation, and listed the case for further proceedings.
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Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12283 of 2024
Applicant :- Jay Kumar Gautam Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko And 3 Others Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Singh Chauhan,J.
1. Heard.
"1. Heard Shri Sandeep Kumar Srivastava, learned counsel for the applicant and Shri Ramjeet, learned Additional Government Advocate for the State.
2. Learned A.G.A. informs the Court that notice has been given to opposite party No.2 on 11.11.2024, but no one has appeared.
3. As per learned counsel for the applicant, the present applicant is languishing in jail since 06.08.2024, in Case Crime No.0194/2022, under Sections 363, 366, 323, 376 I.P.C. and Section 3/4 of the POCSO Act, 2012, at Police Station - Kandhai, District - Pratapgarh.
4. Learned counsel for the applicant has submitted that applicant has not committed any offence as alleged in the F.I.R. Applicant got married with the prosecutrix and out of such wedlock they have been blessed with a daughter, who is aged about one year. However, the parents of the prosecutrix are not aggreable for the marriage, therefore, instant F.I.R. has been lodged. Presently the prosecutrix is living with her parents.
5. So as to verify the aforesaid fact, presence of the prosecutrix along with the complainant would be required.
6. List this case on 11th December, 2024.
7. On that date, the S.H.O., Police Station - Kandhai, District - Pratapgarh shall ensure presence of the prosecutrix along with the complainant.
8. Learned A.G.A. shall intimate this order to S.H.O., Police Station - Kandhai, District - Pratapgarh for compliance."
Constable, Police Station- Kandhai, District- Pratapgarh have ensured presence of the prosecutrix.
[Rajesh Singh Chauhan,J.]
Order Date :- 11.12.2024 RBS/-
Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether bail should be granted to the applicant accused under Sections 363, 366, 323, 376 IPC and POCSO Act pending verification of facts regarding domestic dispute.
Whether the presence of the prosecutrix and complainant is necessary to verify the allegations of torture and false complaint.
Whether the applicant can remain in jail while the court verifies facts.
Jay Kumar Gautam
State Of U.P.
Rajesh Singh Chauhan
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
