Allowed

Lavkush v. State of U.P. Thru. Prin. Secy. Home Dept. Lko. and 3 Others

Allahabad HC8 Apr 2024BAIL/3877/2024

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by an accused charged with offences under IPC and POCSO. The High Court allowed bail noting contradictions in the victim's statements, lack of corroboration for rape allegations, and the applicant's clean antecedents, applying standard bail conditions.

What did the court decide?

The applicant was released on bail subject to furnishing a personal bond and two reliable sureties and complying with specific conditions of conduct and appearance.

Lavkush vs State of U.P. Thru. Prin. Secy… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:29831

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3877 of 2024

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Applicant :- Lavkush Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Dept. Lko. And 3 Others Counsel for Applicant :- Ramesh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. None appears for the complainant, however, notice was served to the complainant as per the learned A.G.A.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.280 of 2023 under Sections 323, 342, 504, 506, 376BD IPC, 5/6 POCSO Act, Police Station Jagatpur, Raebareli.

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Learned counsel for the applicant submits that the victim in her statement recorded under Section 161 Cr.P.C. has not leveled any allegation of rape against the applicant. Sister of Victim, Anchal also has not made any allegation of rape against the applicant or anybody else although she was an eye witness. The victim while giving statement under Section 164 Cr.P.C has improved her statement recorded under Section 161 Cr.P.C. and for the first time, allegation of rape was made against the applicant. There is no corroborative evidence to the allegation. The applicant has no criminal history. He has been in jail since 24.11.2023.

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

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 24.11.2023, contradictions in the statements of the victim under Sections 161 and 164 Cr.P.C. and the fact that applicant has no criminal antecedents, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed.

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Let the applicant Lavkush be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 15.4.2024 prateek

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Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Lavkush v. State of U.P. Thru. Prin. Secy. Home Dept. Lko. and 3 Others

Case brief

What is this about?

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Lavkush v. State of U.P. Thru. Prin. Secy. Home Dept. Lko. and 3 Others

Case brief

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