Allowed

Ankur v. State of U.P. and 3 Others

Allahabad HC26 Jul 2022BAIL/25411/2022

Case brief

AI extract

What is this about?

This judgment allows bail for the applicant in a complaint case under Section 376 IPC and POCSO Act. The court found merit in submissions regarding false implication, delay in proceedings, and regarding vitiability the victim's age. The applicant is released on a personal bond and two sureties subject to specified conditions.

What did the court decide?

Applicant Ankur released on bail furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below.

Ankur Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25411 of 2022

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Applicant :- Ankur Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shyam Shanker Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Complaint Case No. 01 of 2019 at Police Station Khatauli District Muzaffar Nagar under Section 376 IPC and 3/4 POCSO Act. The applicant is in jail since 02.05.2022.

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The bail application of the applicant was rejected by learned Additional District and Sessions Judge/ Special Judge (POCSO Act), Muzaffar Nagar on 17.05.2022.

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Shri Shyam Shanker Pandey, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. Delay of almost 4 years in lodgment of criminal proceedings before the learned trial court is fatal to the prosecution case in the facts of this case. The applicant is a witness in criminal case against the brother of the victim. The criminal proceedings are being leveraged to prevent the applicant from deposing in the aforesaid criminal case. As per the high school certificate the victim was almost 17 years and 10 months on the date of lodgment of the complaint. However it is contended that the victim had attained majority much earlier. Her date of birth was

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falsely recorded in the high school by her parents to give her unfair advantage in life. A proper medical examination to determine her correct age as per the established medical protocol by expert doctors from a reputed institution was not got conducted as it would falsify the prosecution case. Medical evidence to corroborate rape or forceful assault has not been produced by the prosecution. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case.

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Learned A.G.A for the State could not satisfactorily dispute the aforesaid submissions.

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I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Ankur be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

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In case any averment in the bail application or submission made during the argument is false or in case of breach of any of the above condition the State may move an application for cancellation of bail application.

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Order Date :- 26.7.2022 Nadeem

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Digitally signed by NADEEM AHMAD Date: 2022.07.27 10:12:35 IST Reason: Location: High Court of Judicature at Allahabad

Ankur v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ankur v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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