Dismissed¶14

Vikash Kachchi v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC18 Apr 2025BAIL/7860/2024

Case brief

AI extract

What is this about?

Allahabad High Court, Lucknow Bench (Subhash Vidyarthi, J.), Criminal Misc. Bail Application No. 7860 of 2024, decided 18.4.2025, Neutral Citation 2025:AHC-LKO:22125 — bail REJECTED. Applicant Vikash Kachchi; opposite party State of U.P. Offences: Sections 363/366/376(Kakha) IPC and Sections 5(da)/6 POCSO Act; Case Crime No. 432 of 2023, P.S. Makhi, District Unnao. Minor female victim aged 10 years 3 months; FIR dated 01.12.2023; victim supported FIR version in trial-court statement; State filed counter-affidavit. Counsel: Aditya Kumar (applicant); G.A. / Anal Pratap Singh A.G.A. (State).

What did the court decide?

Considering the facts and circumstances of the case, the facts do not warrant exercise of discretion of the court to enlarge the applicant on bail. ¶13

Vikash Kachchi Vs State of U.P. Thru. Prin… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:22125

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7860 of 2024

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Applicant :- Vikash Kachchi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Smriti,Aditya Kumar,Anita Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Aditya Kumar, learned counsel for the applicant as also Sri Anal Pratap Singh, learned A.G.A. for the State.

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This application has been filed seeking bail of the applicant in F.I.R./Case Crime No. 432 of 2023 under Sections 363/366/376(Kakha) I.P.C. and Section 5(da)/6, POCSO Act, P.S. Makhi, District Unnao.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.12.2023 stating that the applicant had enticed away the informant’s daughter aged 10 years at about 6.00 p.m. On 29.11.2023.

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In her statement recorded under Section 161, Cr.P.C. the victim stated that the applicant had taken her forcibly to his Mausi’s home at Nanak Kheda. He disrobed her during the night and tried to force himself. The victim cried. The applicant’s Mausi came there and asked them to leave her place. Thereafter the applicant took her to his home, where she stayed for two days. The applicant forced himself in his house. She told about it to the applicant’s mother, whereupon she asked that the victim should not disclose this to any person.

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As per the educational documents, age of the victim at the time of the incident was 10 years and 3 months.

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State has filed a counter-affidavit opposing the bail application.

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A supplementary affidavit has been filed on behalf of the applicant annexing therewith statements of the informant and the victim recorded by the trial court. In her statement, the victim has supported the F.I.R. version.

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Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts do not warrant exercise of discretion of this court by enlarging the applicant on

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bail. The bail application is accordingly rejected .

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( Subhash Vidyarthi, J. )

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Order Date :- 18.4.2025 A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Vikash Kachchi v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

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Vikash Kachchi v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

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