Allowed

Akash @ Laloo v. State of U.P. and Another

Allahabad HC29 Nov 2021BAIL/36227/2021

Case brief

AI extract

What is this about?

This is a bail application for the applicant Akash @ Laloo in a child sexual assault and kidnapping case. The court, after hearing submissions and considering the radiological age of the victim and the marriage solemnized, found it fit to grant bail.

What did the court decide?

Releasing of the applicant on bail on executing a personal bond and furnishing two sureties subject to specified conditions.

Akash @ Laloo Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2021)

¶1

Court No. - 69

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36227 of 2021

¶3

Applicant :- Akash @ Laloo Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kirti Kumar Nirkhi,Shobhit Saxena Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ajit Singh,J.

¶5

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

¶6

This is a bail application on behalf of the applicant Akash @ Laloo in connection with Case Crime No.572 of 2020, under Sections 363, 366, 376 I.P.C. and under Section 3/4 (POCSO) Act, Police Station Akbarpur, district Kanpur Dehat.

¶7

The first information report of this incident was lodged by the complainant against five named persons including the applicant. It was alleged in the first information report that on 15.07.2020 minor daughter of the complainant had gone with the applicant along with some ornaments and Rs.50,000/- in cash from her house.

¶8

The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the alleged victim has solemnized marriage with the applicant out of her sweet will and the alleged victim has lived with the applicant for about five months. He submitted that the alleged victim has refused her medical to be conducted. He submitted that the radiological age of the alleged victim was found to be 17 years. He submitted that the applicant is languishing in jail since 06.04.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.

¶9

Learned A.G.A. has opposed the bail plea.

¶10

Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering radiological age of the alleged victim, considering the error of two years margin by radiological examination, considering that the alleged victim has solemnized marriage with the applicant, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 , but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

¶11

Accordingly, the bail application stands allowed.

¶12

Let the applicant Akash @ Laloo involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

¶13

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

¶14

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

¶15

iii) The applicant shall appear on the date fixed by the trial court; iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

¶16

v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

¶17

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.

¶18

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.

¶19

Order Date :- 29.11.2021

¶20

R./

Akash @ Laloo v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Akash @ Laloo v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Sunny Yadav @ Ahmad Husain Vs State of U.P.

Suresh Vind Vs State of U.P.

Narendra Kumar Yadav Vs State of U.P. and Another

Sonpal Vs State of U.P.

Nauman Vs State of U.P.

Maikulal Vs State of U.P.