Allowed

arpan v. State of U.P.

Allahabad HC1 Feb 2018BAIL/3544/2018

Case brief

AI extract

What is this about?

The court allowed a bail application in a kidnapping case involving a minor. The applicant was charged under Sections 363 and 366 IPC. The court found no objection to bail given the lack of criminal history and independent witnesses, subject to standard conditions regarding tampering and appearance.

What did the court decide?

Release from custody on personal bond and two sureties subject to conditions preventing tampering with evidence, harassment of witnesses, and re-offending.

arpan Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2018)

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Court No. - 22

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3544 of 2018

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Applicant :- Arpan Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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According to the prosecution case the F.I.R. was lodged against this accused alleging that on 14.12.2017 he has kidnapped the daughter of the complainant Vimal Kumar aged about 17 years and on the next day the F.I.R. was lodged.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; in the statement recorded under Section 164 Cr.P.C. she has stated that she went with the applicant of her own free will and get married; there is no criminal history against this accused; there is no independent witness against this accused; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 15.12.2017 (more than one and half month).

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Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.

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Let the applicant Arpan involved in the Case Crime No. 908 of 2017, under Sections 363, 366, I.P.C., P.S. Sasni, District Hathras be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.

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v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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

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Order Date :- 1.2.2018 A. Tripathi

arpan v. State of U.P.

Case brief

What is this about?

What did the court decide?

arpan v. State of U.P.

Case brief

What is this about?

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