Allowed

Amitesh @ Aman Upadhyay v. State of U.P.

Allahabad HC8 Jul 2019BAIL/26985/2019

Case brief

AI extract

What is this about?

The Court allowed a bail application by Amitesh Upadhyay, who was charged with abduction and offence under POCSO. The Court granted bail but imposed a condition restricting the applicant from visiting the prosecuterix's village until she turns 18.

What did the court decide?

Release on bail with a personal bond and two sureties, subject to a condition not to visit the prosecuterix's village until she attains majority.

Amitesh @ Aman Upadhyay Vs State of U.P. — Child Custody and Guardianship | Allahabad HC (2019)

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26985 of 2019

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Applicant :- Amitesh @ Aman Upadhyay Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjeev Kumar Khare Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Supplementary affidavit file today, is taken on record.

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

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This bail application has been moved by the applicant who is involved in Case Crime No. 55 of 2019, under Sections 363, 366, 376 I.P.C. & 5/6 POCSO Act, Police Station-Barasathi, District-Jaunpur.

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As per prosecution version, applicant enticed and took away the prosecuterix.

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Learned counsel for the applicant contended that prosecuterix is major. She has gone with applicant with her own sweet will. She has not made any allegation of sexual relationship with the applicant in her statement under section 164 Cr.P.C. Accordingly, no offence has been made out against the applicant. Applicant is languishing in jail since 10.04.2019. After this instant one case has been registered against applicant in which he has been released on bail.

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Learned A.G.A., has opposed the prayer for bail applicant and submitted that as per school certificate date of birth of the prosecuterix is 18.03.2003. Accordingly, she is above 16 years but below 18 years.

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As per medical report age of the prosecuterix is about 17 years. She has admitted in her statement under section 164 Cr.P.C. that she was in love and affair with the applicant. She called applicant and moved with him at several places.

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Without commenting any opinion on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.

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Let the applicant- Amitesh @ Aman Upadhyay , be released on

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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.

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Application stands allowed with the condition that the applicant shall not go to the village of the prosecuterix till the date when the prosecuterix attains her majority i.e. 18.03.2021.

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However, it is clarified that in case of breach of the aforesaid condition, the court below shall be at liberty to cancel the bail granted to the applicant by this Court.

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Order Date :- 8.7.2019 Swati

Amitesh @ Aman Upadhyay v. State of U.P.

Case brief

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Amitesh @ Aman Upadhyay v. State of U.P.

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