Allowed

Vikas Kumar v. State of U.P. and 3 Others

Allahabad HC16 Aug 2022BAIL/29068/2022

Case brief

AI extract

What is this about?

HOBL: CRIMINAL MISC. BAIL APPLICATION 29068/2022 Vikas Kumar sought bail for charges under IPC 354, 309, 506 and POCSO related to alleged coercion to marry a minor. The HC found that prima facie the applicant is not guilty and granted bail with conditions.

What did the court decide?

Applicant released on bail on personal bond and two sureties, subject to conditions of not tampering with evidence or influencing witnesses.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29068 of 2022

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Applicant :- Vikas Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vishnu Kumar Patil Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Vishnu Kumar Patil, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned Additional Government Advocate and perused the record.

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2.The instant application has been filed seeking release of the applicant on bail in Case Crime No.115 of 2022, under Sections 354, 309, 506 IPC, and Section 7/8 The Protection of Children from Sexual Offences Act, 2012, Police Station Matsena, District Firozabad during pendency of the trial in the Court below.

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3.The aforesaid case has been registered on the basis of a first information report dated 03.06.2022 against the applicant and three other persons alleging that the applicant is pressurizing to marry the informant's daughter. The FIR states that the informant went to the applicant's house along with some persons and the applicant's father assured that he will behave properly. As per the FIR, on 02.06.2022, the applicant climbed up on the electricity pole affixed about 150 meters away from the informant's house, he was taken down with the help of police and fire brigade.

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4.The learned counsel for the applicant has submitted that the allegations levelled in the FIR do not make out any offence as alleged.

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5.The applicant is languishing in jail since 04.06.2022.

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6.Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail and has submitted that the applicant was pressurizing to marry the informant's daughter against her wishes whereas her daughter is still minor.

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7.Having considered the aforesaid facts and submissions and keeping in view the fact that as per the FIR allegations, the applicant merely wanted to marry the informant's daughter and that the applicant climbed up on the electricity pole affixed

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about 150 meters away from the informant's house, I am of the view prima facie that the applicant is not guilty of the offences alleged and, therefore, he is entitled to be released on bail in the aforesaid case.

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8.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .

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9.Let the applicant Vikas Kumar be released on bail in Case Crime No.115 of 2022, under Sections 354, 309, 506 IPC, and Section 7/8 The Protection of Children from Sexual Offences Act, 2012, Police Station Matsena, District Firozabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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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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10.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 16.8.2022 Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.08.17 18:53:06 IST Reason: Location: High Court of Judicature at Allahabad

Vikas Kumar v. State of U.P. and 3 Others

Case brief

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Vikas Kumar v. State of U.P. and 3 Others

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