Allowed

Narvdeshwar Shukla @ Dolai v. State of U.P.

Allahabad HC3 Aug 2018BAIL/29123/2018

Case brief

AI extract

What is this about?

This is a bail application in a case involving Sections 363, 366, 376 IPC and POCSO Act. The court considered medical reports, victim statements regarding age and relationship, and lack of criminal history. The application was allowed on bond with specific conditions.

What did the court decide?

Released on bail by furnishing personal bond and two reliable sureties to the satisfaction of the court concerned.

Narvdeshwar Shukla @ Dolai Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2018)

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Court No. - 52

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29123 of 2018

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Applicant :- Narvdeshwar Shukla @ Dolai Opposite Party :- State Of U.P. Counsel for Applicant :- Vinay Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard Sri Vinay Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant in Case Crime No.165 of 2017, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Gola, District Gorakhpur, with the prayer to release him on bail.

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It is contended by learned counsel for the applicant that as per the medical report, the prosecutrix is aged about 21 years. However, she has stated her age to be 18 years before the Magistrate. The victim has stated that she loves the applicant and she has gone with him to Mumbai without informing anyone in her family. She has stayed with the applicant at Mumbai for about a month and has admitted her physical relations with the applicant. She has not made any allegation of sexual assault by the applicant. Lastly, it is submitted that the applicant has no criminal history and he is languishing in jail since 19.4.2018.

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Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.

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Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.

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Let applicant Narvdeshwar Shukla @ Dolai, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-

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(1) The applicant shall not tamper with the prosecution evidence; (2) The applicant shall not pressurize the prosecution witnesses; (3) The applicant shall appear on the date fixed by the trial Court.

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In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.

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Order Date :- 3.8.2018

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Hasnain

Narvdeshwar Shukla @ Dolai v. State of U.P.

Case brief

What is this about?

What did the court decide?

Narvdeshwar Shukla @ Dolai v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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