Allowed

Rohit Sahu @ Rohit Gupta v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC9 Jan 2024BAIL/273/2024

Case brief

AI extract

What is this about?

Bail application in FIR involving kidnapping, rape under IPC, POCSO and SC/ST provisions. Court noted victim's tentative age around 18 years, non-corroborating medical evidence, no criminal history of applicant, and custody since June 2023. Applicant granted bail with conditions including bond with two sureties and undertaking to attend hearings.

What the court decided

AI extract

Rohit Sahu @ Rohit Gupta vs State of U.P. Thru. Prin… — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:24746

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 273 of 2024

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Applicant :- Rohit Sahu @ Rohit Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Applicant :- Mahesh Prasad Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Objection/counter affidavit filed today in Court is taken on record.

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2. Heard learned counsel for the applicant, learned AGA and perused the record.

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3. The applicant seeks enlargement on bail in FIR No.80 of 2023, under Section 363, 366, 376D IPC, Section 5(G)/6 of POCSO Act & Section 3(2)5Ka, 3(2)5 SC/ST Act, P.S. Sangramgarh, District Pratapgarh.

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4. In terms of the FIR, it was alleged that the daughter of the aunt of the complainant was called by the maternal aunt of the complainant and something was administered in the tea and thereafter, the maternal aunt sent the victim with the applicant and she was taken to Lucknow where she stayed in a room with the applicant and physical relations were also formed. A similar statement was given under Section 161 & 164 Cr.P.C. The age of the victim tentatively is around 18 years and the medical on record does not corroborate the allegation as levelled in the two statements.

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5. Learned AGA has opposed the bail application.

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6. Considering the age of the victim and the fact that she had gone with the applicant on the asking of the maternal aunt, prima-facie, a case for bail is made out, particularly, when the applicant has no criminal history and is in custody since 06.06.2023. In view thereof, the application is allowed.

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7. Let the applicant Rohit Sahu @ Rohit Gupta be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the

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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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Order Date :- 20.3.2024 nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench

Rohit Sahu @ Rohit Gupta v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

What is this about?

What the court decided

Rohit Sahu @ Rohit Gupta v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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What the court decided

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