Avadhesh @ Chhotu vs State Of U.P.
2015 Latest Caselaw 5664 ALL

Citation : 2015 Latest Caselaw 5664 ALL
Judgement Date : 22 December, 2015

Allahabad High Court

Avadhesh @ Chhotu vs State Of U.P. on 22 December, 2015

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 8786 of 2015
 

 
Applicant :- Avadhesh @ Chhotu
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Narendra Gupta
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bachchoo Lal,J.

Heard learned Counsel for the applicant, learned A.G.A. and perused the record.

Learned counsel for the applicant submits that in medical report the age of the victim has been shown about 16-18 years. In fact at the time of the alleged incident the victim was major. The statements of victim recorded under Sections 161 & 164 Cr.P.C. show that the she was a consenting party. The victim in her statements recorded under Sections 161 & 164 Cr. P.C. has stated that she has gone with applicant and she has solemnized her marriage with applicant on 31.01.2015 in Kalyangiri Mandir, Lucknow. The victim remained with applicant about 12 days at different places but during this period she has not made any hue and cry to save herself. The applicant has not committed the alleged offence. False allegation has been made against him. There is no criminal history of the applicant and he is in jail since -01.04.2015.

Per contra, learned A.G.A. opposed the prayer for bail.

Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

Let the applicant Avadesh @ Chhotu involved in Case Crime No. 225 of 2015, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Thakurganj, District Lucknow, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. The applicant will not pressurize/intimidate the prosecution witnesses and cooperate with the trial.

3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 22.12.2015

Jitendra