Allowed

Sandeep v. State of U.P.

Allahabad HC17 Oct 2022BAIL/46208/2022

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Sandeep accused of enticement under IPC Sections 363 and 366. The applicant argued innocence and victim's voluntary departure. The court found a prima facie case for bail without expressing a final opinion on merits and granted release on personal bond and sureties.

What did the court decide?

Released on bail with a personal bond and two sureties, subject to conditions against evidence tampering, new offences, and adjournment seeking.

Sandeep Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 58

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46208 of 2022

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Applicant :- Sandeep Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Sri Upendra Kumar Pushkar, Advocate has filed his Parcha on behalf of the complainant, which is taken on record.

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Heard learned counsel for the applicant, learned counsel for the complainant as well as the 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 applicant, Sandeep with a prayer to release him on bail in Case Crime No. 110 of 2022, under Sections 363, 366 IPC, Police Station Godha, District- Aligarh, during pendency of trial.

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It is argued by the learned counsel for the applicant that the first information report was lodged against 2 named persons including the applicant on 17.08.2022 alleging therein that they had enticed away the minor daughter of the complainant.

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Submission of the learned counsel for the applicant is that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He has further submitted that victim in her statements recorded under Sections 161 and 164 Cr.P.C. has stated that she had an altercation with her mother and after getting angry she had left her house out of her own will. It is further submitted that as per the medical report of the victim, her age is 18 years and the victim has refused to get herself medically examined. There is no criminal history of the applicant. The applicant is languishing in jail since 01.09.2022 and he deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with the trial.

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Per contra learned A.G.A. has contended that the victim is minor and the applicant has lured away the victim therefore the applicant does not deserve any indulgence. In case the applicant

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is released on bail he will misuse the liberty of bail by tampering with the prosecution evidence.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Sandeep involved in the aforesaid 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 with the following conditions that :-

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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. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 17.10.2022 Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.10.18 13:26:28 IST Reason: Location: High Court of Judicature at Allahabad

Sandeep v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sandeep v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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