Allowed

Chand Babu v. State of U.P. and 3 Others

Allahabad HC9 Apr 2025BAIL/773/2025

Case brief

AI extract

What is this about?

Bail application under POCSO Act and BNS provisions for alleged enticing and eve-teasing of a minor girl. Court considered absence of injuries, no criminal antecedents, and jail custody since October 2024, and allowed bail subject to conditions.

What did the court decide?

Applicant released on bail on personal bond with two reliable sureties, subject to conditions including no tampering, no criminal activity, and regular trial appearance.

Chand Babu vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:51869

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 773 of 2025

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Applicant :- Chand Babu Opposite Party :- State Of U.P. And 3 Others

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Hon'ble Ashutosh Srivastava,J.

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Heard learned counsel for the applicant, Sri Ramendra Pal Singh, learned AGA for the State-Respondent and perused the record.

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The present bail application has been moved on behalf of accusedapplicant seeking enlargement on bail in Case Crime No. 491 of 2024, under Sections 137(2), 87, 74, 351(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 9M/10 of the POCSO Act, Police Station Bisalpur, District Pilibhit.

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Learned counsel for the applicant argued that the accusedapplicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the victim lives in front of the house of the accusedapplicant and she had implicated the applicant due to ulterior motive. He submits that the allegation of enticing the victim girl and to eve-teasing is false. He submits that there is no independent witness of the alleged incident. In the medical report, no fresh open injury was seen except the complaint of pain below lower limb. There is neither external nor internal injury on the body of the victim. He submits that the applicant has not sexually exploited the victim. The applicant is languishing in jail since 11.10.2024. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for.

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Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant.

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Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the accused-applicant, Chand Babu, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 9.4.2025 pks

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Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad

Chand Babu v. State of U.P. and 3 Others

Case brief

What is this about?

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Chand Babu v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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