Allowed

Anuj Kumar Alias Mantu v. State of U.P. Thru. Prin. Secy. and 3 Others

Allahabad HC3 Dec 2022/1244/2022

Case brief

AI extract

What is this about?

In a bail application under Section 439 CrPC for offences of enticing a minor and abduction, the single judge held that considering the prosecutrix was almost major and no weapon was alleged against the accused, bail is appropriate.

What did the court decide?

Released on bail by furnishing a personal bond and two local and reliable sureties each in the like amount.

Anuj Kumar Alias Mantu Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

¶1

Court No. - 10

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1244 of 2022

¶3

Applicant :- Anuj Kumar Alias Mantu Opposite Party :- State Of U.P. Thru. Prin. Secy. And 3 Others Counsel for Applicant :- Anil Kumar Tiwari,Saurabh Srivastava

¶4

Counsel for Opposite Party :- G.A.

¶5

Hon'ble Dinesh Kumar Singh,J.

¶6

Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the entire record.

¶7

By means of this application under Section 439 CrPC, the accused-applicant seeks bail in FIR No.0306 of 2021, under Sections 363, 366 and 376(3) IPC read with Section 5/6 Protection of Children from Sexual Offences Act, 2012 lodged at Police Station Shivgarh, District Raebareli.

¶8

Allegation against the accused-applicant is of enticing away the prosecutrix on 08.10.2021 at around 12.25 hours; the prosecutrix took with her Rs. 1 Lac cash which was kept in the house; radiological age of the prosecutrix has been determined to be 17 years; the prosecutrix, in her statement recorded under Section 161 CrPC, said that the accused-applicant enticed her away and brought to her to Lucknow on a Scooty; thereafter, he took her to Bedhamer, Rajasthan; similar statement the prosecutrix had given under Section 164 CrPC.

¶9

The prosecutrix was almost major as per medical evidence; she travelled 100 of miles with the accused-applicant to reach Bedhamer, Rajasthan; she has not said that the accusedapplicant was carrying any weapon such as gun/knife and threatened her to accompany him. Considering all the facts & circumstance and taking into consideration the age of the prosecutrix, who was almost major, this Court deems it appropriate to enlarge the accused-applicant on bail who is in jail since 02.11.2021.

¶10

Let applicant- Anuj Kumar alias Mantu , accused of abovementioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:-

¶11

(i) the applicant(s) shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;

¶12

(ii). the applicant(s) shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

¶13

(iii). in case, the applicant(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him in accordance with law, under Section 174-A of the Indian Penal Code; and

¶14

(iv) the applicant(s) shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

¶15

[D.K. SINGH, J.]

¶16

Order Date :- 3.12.2022 MVS/-

¶17

Digitally signed by MANOJ VIKRAM SINGH CHAUHAN Date: 2022.12.03 15:25:18 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Anuj Kumar Alias Mantu v. State of U.P. Thru. Prin. Secy. and 3 Others

Case brief

What is this about?

What did the court decide?

Anuj Kumar Alias Mantu v. State of U.P. Thru. Prin. Secy. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ajay Singh Alias Ajay Pratap Singh S/O Late Dan Pal Singh Vs State of U.P Thru. Prin. Secy. Home Lko.

Mukesh Kumar Urav S/O Virendra Kumar Vs State of U.P. Thru. Secy. Home Lko.and Others

Satish Kumar S/O Sri Chandra Pal Singh Vs State of U.P Thru. the Prin. Secy. Home Deptt.

Ansar Ahmad S/O Kallu Alias Abdul Majeed Vs State of U.P. Thru. Prin. Secy Home Lko.

Nand Kumar Alias Bablu Third Bail Application Vs State of U.P.

Karamjeet Vs State of U.P. and Others