Allowed

Anil Kumar and Another v. State of U.P. and 3 Others

Allahabad HC20 Oct 2022BAIL/42068/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed granting bail to applicants in a case involving outraging modesty and POCSO offences. Release contingent on personal bond and sureties subject to standard conditions against tampering and influencing witnesses.

What did the court decide?

Released on bail by furnishing personal bond and two reliable sureties each, subject to conditions against tampering evidence, influencing witnesses, and maintaining presence in trial.

Anil Kumar and Another Vs State of U.P. and… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42068 of 2022

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Applicant :- Anil Kumar And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Onkar Nath Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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List has been revised.

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None appears on behalf of the private respondents despite service of notice.

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Heard learned counsel for the applicants, learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicants with a prayer to release him on bail in Case Crime No. 267 of 2021, under Sections 354, 323, 504, 506 I.P.C. & Section 7/8 of POCSO Act, Police Station- Mirahchi, DistrictEtah, pendency of trial.

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As per version of the FIR, there is allegation of outraging the modesty of girl against the applicants and co-accused named in the first information report.

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Learned counsel for the applicants submits that in the statement of the victim recorded u/s 164 Cr.P.C., wherein she has not named any of the accused persons including the present applicants. She has stated that three unknown boys committed the alleged offence. The applicants alleges false implication. Co-accused namely, Pappu @ Kishanveer has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 12.07.2022 passed in Criminal Misc. Bail Application No.26042 of 2022 and he seeks parity of the aforesaid order. The applicants are languishing in jail since 28.08.2022. In case, they are enlarged on bail, they will not misuse the liberty of bail.

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Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts on record.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and

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keeping in mind that co-accused has already been released on bail by this Court and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let applicants namely Anil Kumar and Sanju @ Sanjay be released on bail in the aforesaid Case Crime Number on their furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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

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(ii) The applicants will not influence any witness.

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

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(iv) The applicants 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 of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 20.10.2022 Ashutosh

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Digitally signed by ASHUTOSH SINGH Date: 2022.10.20 16:53:37 IST Reason: Location: High Court of Judicature at Allahabad

Anil Kumar and Another v. State of U.P. and 3 Others

Case brief

What is this about?

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Anil Kumar and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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