Allowed

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

Allahabad HC1 Dec 2022BAIL/36413/2022

Case brief

AI extract

What is this about?

The Court allowed the bail application of Abhimanyu in a case involving Section 354 IPC and POCSO Act charges. Relying on the variance between the complainant's statements under Sections 161 and 164 Cr.P.C. and the applicant's clean record, the Court ordered his release on personal bond with two sureties subject to standard bail conditions.

What did the court decide?

Release of applicant on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below.

Abhimanyu 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. - 36413 of 2022

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Applicant :- Abhimanyu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jitendra Prasad Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Notice of the instant application was ordered to be sent to the informant by means of an order dated 19.10.2022.

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2.Office has reported that the notice has been served upon the informant but no one one has put in appearance for the informant to oppose the prayer for grant of bail.

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3.Heard Sri Jitendra Prasad Mishra, the learned counsel for the applicant, Sri D.K. Srivastava, the learned Additional Government Advocate and perused the record.

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4.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 111 of 2022, under Sections 354 IPC and 7/8 Protection of Childrent from Sexual Offences Act, Police Station Pailani, District Banda.

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5.The aforesaid case has been registered on the basis of a first information report alleging that on 09.05.2022 at about 02:00 p.m., the applicant caught hold of the informant's daughter aged about 17 years and he molested her.

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6.In her statement recorded under Section 161 Cr.P.C., the informant's daughter supported the FIR allegations but in her statement recorded under Section 164 Cr.P.C., she stated that the applicant pressed her mouth and neck and while he was dragging her, another girl came there and the applicant ran away.

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7.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 12.05.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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8.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail, but he could not dispute the aforesaid aspects of the matter.

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9.Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the statement under Section 164 Cr.P.C., the informant's daughter has not levelled any allegation of molestation against the applicant and the statements recorded under Sections 16 and 164 Cr.P.C. are at variance coupled with the fact that the applicant has no criminal history, I am of the view that the applicant is entitled to be released on bail in the aforesaid case.

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10.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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11.Let the applicant Abhimanyu be released on bail in Case Crime No. 111 of 2022, under Sections 354 IPC and 7/8 Protection of Childrent from Sexual Offences Act, Police Station Pailani, District Banda, 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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12.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 :- 1.12.2022 Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.12.02 15:41:42 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

What is this about?

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

Case brief

What is this about?

What did the court decide?

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