Bail application in a case of alleged enticement and sexual assault of a young woman. The court granted bail, noting the victim's tentative age of around 18-20 years and that her statements under Sections 161 and 164 Cr.P.C. did not support the prosecution allegations of forceful assault.
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Neutral Citation No. - 2024:AHC-LKO:44823
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4219 of 2024
Applicant :- Chhotey
Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Applicant :- Brijesh Kumar
Counsel for Opposite Party :- G.A.,Amrendra Singh Somvanshi,Mohit Singh
Hon'ble Pankaj Bhatia,J.
applicant is in custody since 24.12.2023 having no criminal history, I am of the view that the applicant is entitled to be released on bail.
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(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.
Order Date :- 1.7.2024
Shukla
Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether applicant entitled to bail under Sections 363/366/376 IPC and POCSO given victim's statements under Sections 161 and 164 Cr.P.C. not supporting prosecution story.
5 provisions across 3 enactments
Chhotey
State Of U.P. Thru. Secy. Home Lko.
Pankaj Bhatia
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
