Allowed

Anand v. State of U.P. and Another

Allahabad HC31 Aug 2020BAIL/23929/2020

Case brief

AI extract

What is this about?

This court granted bail to the applicant, Anand, facing trial for offenses including cheating, abduction, and sexual assault under the POCSO Act and IPC, despite objections regarding the victim’s alleged minority. The court relied on the victim’s own statement suggesting she was a consenting party and that she refused a medical test. Bail was granted conditional on personal bond and sureties, with

What did the court decide?

Released on bail by executing a personal bond and furnishing two sureties, subject to conditions regarding court attendance and non-interference with witnesses.

Anand Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2020)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23929 of 2020

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Applicant :- Anand Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sapan Kumar Singh Counsel for Opposite Party :- G.A.,Sanjay Shukla

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Hon'ble Ajit Singh,J.

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Heard Sri Sapan Kumar Singh, learned counsel for the applicant, Sri Sanjay Shukla, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 148 of 2020, under Sections 363, 366, 376 I.P.C. and Section 5/6 Protection of Children from Sexual Offences (POCSO) Act, P.S. Gulharia, district-Gorakhpur, is seeking enlargement on bail during the trial.

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The first information report was lodged against the applicant, alleging therein that on 20.3.2020 daughter of the complainant aged about 13 was enticed away by the present accused.

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Learned counsel for the applicant submitted that as per medical opinion the victim is aged about seventeen years. From the perusal of the facts stated by her in her statement recorded under sections 161 and 164 Cr.P.C. (annexure nos.4 & 5)), it appears that she was a consenting party, who had eloped with the applicant and solemnized marriage with him and lived with him as his wife for two months in Hyderabad. He also submitted that the victim has refused to get herself medically examined. He lastly submitted that the applicant, who is in jail since 30.5.2020 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.

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Learned A.G.A. has vehemently opposed the prayer for bail and submitted that as per First Information Report the victim is aged about thirteen years, hence he is not entitled to be enlarged on bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail

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during the pendency of the trial.

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Let the applicant, Anand be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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(a) The applicant shall attend the court according to the conditions of the bond executed by him.

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

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 31.8.2020 Faridul

Anand v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Anand v. State of U.P. and Another

Case brief

What is this about?

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