Allowed

Pradyuman @ Golu v. State of U.P. and 3 Others

Allahabad HC18 Aug 2022BAIL/3315/2022

Case brief

AI extract

What is this about?

Single judge criminal bail准许 issued. Court allowed bail based on subjective satisfaction that applicant proved prima facie innocence and victim was consenting adult, though discontinued expressing firm opinion on merits of the charge itself. Conditions imposed.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties subject to specific statutory conditions.

Pradyuman @ Golu Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2022)

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3315 of 2022

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Applicant :- Pradyuman @ Golu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Atul Kumar Shahi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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

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It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case for enticing the daughter of informant who was in love affair with this applicant two years prior to alleged incident. The victim was major at the time of alleged incident and her age was found to be above 17 years during medical examination. She had stated before the Magistrate under Section 164 Cr.P.C. that she went with the applicant willingly and he promised her to marry, thereafter he refused. In this way, the victim was consenting party and for making pressure to marry with her, this false F.I.R. has been lodged. There is no criminal history against the applicant. He is languishing in jail since 7.10.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned AGA opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, the age of the victim & her willingness and without expressing any opinion on the merits of the case, 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 Pradyuman @ Golu involved in Case Crime No. 322 of 2021, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, P.S. Sahjanwa, District Gorakhpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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

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

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Order Date :- 18.8.2022 A. Singh

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Digitally signed by ANURAG SINGH Date: 2022.08.23 16:16:28 IST Reason: Location: High Court of Judicature at Allahabad

Pradyuman @ Golu v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Pradyuman @ Golu v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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