Allowed

Lucky v. State of U.P. and 2 Others

Allahabad HC3 Dec 2021BAIL/49103/2021

Case brief

AI extract

What is this about?

In a bail application under CrPC, the High Court considered offences of abduction and POCSA. Noting the victim's statement did not support the FIR and that the accused was not a repeat offender, the court allowed bail subject to conditions including furnishing a personal bond and two sureties post-court reopening.

What did the court decide?

Bail granted on personal bond and two sureties subject to conditions regarding tampering with evidence and cooperating in trial.

Lucky Vs State of U.P. and 2 Others — Child Sexual Offences (POCSO) | Allahabad HC (2021)

¶1

Court No. - 71

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49103 of 2021

¶3

Applicant :- Lucky Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Birendra Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Deepak Verma,J.

¶5

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

¶6

The instant bail application has been filed on behalf of the applicant Lucky with a prayer to release him on bail in Case Crime No.162 of 2021, under Sections 366, 366 & 376 I.P.C., 1860 and Section 4 of the Protection of Children From Sexual Offences Act, 2012, P.S. Atarra, District Banda during pendency of the trial.

¶7

Allegation in the First Information Report is that the applicant enticed away the daughter of the informant. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The victim herself stated to be aged about 19 years. In her statement recorded under sections 161 & 164 Cr.P.C., she has left her house on her own sweet will and went with applicant and lived with him for six days. Thereafter, she went to Pune with the applicant and solemnized marriage in temple but there is no allegation regarding sexual relationship with the applicant. The statements of the victim recorded under sections 164 and 161 Cr.P.C. are not supporting the version of the FIR. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 12.09.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.

¶8

Learned A.G.A. has opposed the bail prayer of the applicant.

¶9

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶10

Let the applicant, Lucky , be released on bail in Case Crime No.162 of 2021, under Sections 366, 366 & 376 I.P.C., 1860 and Section 4 of the Protection of Children From Sexual Offences Act, 2012, P.S. Atarra, District Banda, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶11

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶12

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶13

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶14

The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

¶15

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶16

Order Date :- 3.12.2021/SKD

Lucky v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Lucky v. State of U.P. and 2 Others

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

Mahesh Vs State of U.P.

Smt. Sunita Vs State of U.P

Pujari @ Pujari Nona Vs State of U.P.

Mehtab and Another Vs State of U.P. and Another

Suraj Singh Vs State of U.P.

Balvinder Vs State of U.P. and Another