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IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
Hon'ble Rajesh Singh Chauhan,J.
Chotu – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Rajesh Singh Chauhan, J.
1. Heard Sri Anurag Singh, learned counsel for the applicant and Sri Ashok Kumar Singh, learned Additional Government Advocate for the State.
2. As per learned counsel for the applicant, the present applicant-Chotu is languishing in jail since 03.12.2024 in Case Crime No.428/2024, under Section 70 (1), 140(3) B.N.S., Police Station Tambour, District Sitapur.
3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.
4. Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein the allegation has been levelled against three accused persons including the present applicant. The present applicant and the accused No.1 are father and son. The impugned F.I.R. has been lodged pursuant to the direction being issued by the learned trial court under Section 173 (4) B.N.S.S.. As per the allegation of the F.I.R., the incident in question took place on 18.03.2024, but the application under Section 173 (4) B.N.S.S. has been filed on 10.09.2024 without explaining the delay.
5. Sri Anurag Singh has dr
The court established that contradictions in the prosecutrix's statements and the applicant's lack of criminal history justified the granting of bail.
Unexplained delays in filing FIRs can undermine the credibility of the prosecution's case, warranting bail for the accused.
Bail may be granted when the applicant is not named in the FIR, lacks a criminal history, and demonstrates willingness to cooperate in trial proceedings.
The court granted bail due to the lack of prompt complaints and the nature of the relationship, emphasizing compliance with bail conditions to prevent misuse.
Bail may be granted when allegations lack sufficient evidence and the accused have no prior criminal history, subject to conditions to prevent misuse.
The main legal point established in the judgment is that bail can be granted based on the completion of investigation, the petitioner's residence, and the overall facts of the case, including the med....
The court emphasized that minor discrepancies in a victim's statements do not undermine the prosecution, and the gravity of sexual assault against minors requires careful consideration in bail applic....
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