Annu v. State of U.P.
Case brief
What is this about?
Allowed the criminal bail application of Annu in a case involving offences under IPC and POCSO against a 17-year-old victim, noting initial consent in the FIR, and granted bail subject to specific conditions.
What did the court decide?
Applicant Annu released on bail in Case Crime No. 392 of 2017 with personal bond and two sureties subject to specific conditions.
What the court decided
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24661 of 2018
Applicant :- Annu Opposite Party :- State Of U.P. Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
As per the FIR age of the victim is 17 years. From the statement of the victim recorded under Section 164, Cr.P.C. it appears that on the dictate of the applicant she took away the jewellery of her house and thereafter she has alleged that the applicant took her to some unknown place and committed the alleged crime. From the statement it appears that initially there was consent between the victim and the applicant.
On the other hand learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Annu be released on bail in Case Crime No. 392 of 2017, under Sections 363, 366, 368, 376, I.P.C and Section 3/4 Protection of Children from Sexual Offences Act, 2012, Police Station Kandhala, District Shamli on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to be released on bail in a case involving sexual offence against a minor initially alleging consent.
Whether bail conditions need to be imposed in the interest of justice for the release on bail.
Parties & counsel
- applicant
Annu
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/24661/2018
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