Allowed

Neeraj Kanaojiya v. State of U.P. and 3 Others

Allahabad HC19 Sept 2022BAIL/28694/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Neeraj Kanaojiya challenging his detention in a case involving unlawful taking of a girl and POCSO charges. The Single Judge examined submissions from counsel and the record, referred to Apex Court precedent, and allowed the bail application with conditions.

What did the court decide?

Applicant released on bail subject to furnishing a personal bond and two sureties and complying with specified conditions.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28694 of 2022

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Applicant :- Neeraj Kanaojiya Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vidya Kant Tripathi Counsel for Opposite Party :- G.A.,Dhiresh Kumar

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Hon'ble Deepak Verma,J.

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Heard Sri Vidya Kant Tripathi, learned counsel for the applicant, Sri Ram Adhar Ram, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 94 of 2022, registered under Sections 363, 366, 506 I.P.C. and Section 7/8 of POCSO Act, Police Station Meja, District Prayagraj during pendency of the trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The victim is student of Class-XII. Victim in her statement recorded under Section 161 Cr.P.C. submitted that she was known to the applicant from last two months and they were in love, She further stated in her statement that she went with the applicant on her own sweet will. She next contended in her statement that she stayed with the applicant at Ujjain Station for four days during these period she did not make hue and cry. There is no allegation of physical relation as well as forcefully enticing away of the victim. Victim is aged about more than 17 years. The applicant has no previous criminal history. The applicant is languishing in jail since 14.03.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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

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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 law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Neeraj Kanaojiya, who is involved in the aforesaid case crime, be released on bail 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.

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

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

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

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

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Order Date :- 19.9.2022 Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.09.19 16:41:35 IST Reason: Location: High Court of Judicature at Allahabad

Neeraj Kanaojiya v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Neeraj Kanaojiya v. State of U.P. and 3 Others

Case brief

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What did the court decide?

What the court decided

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