Allowed

Furkan v. State of U.P. Thru. Prin.Secy. Home and 3 Others

Allahabad HC11 Jul 2023/126/2023

Case brief

AI extract

What is this about?

The court allowed bail in a criminal case involving IPC and POCSO charges. Relying on victim statements indicating voluntary association, lack of medical evidence, and consent to marriage, the court found prima facie non-compliance with strict POCSO bail provisions and granted release on personal bond and sureties.

What did the court decide?

Applicant granted release on bail in Case Crime No.57 of 2022 upon furnishing personal bond and two reliable sureties.

Furkan Vs State of U.P. Thru. Prin.Secy… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:44829

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 126 of 2023

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Applicant :- Furkan Opposite Party :- State Of U.P. Thru. Prin.Secy. Home And 3 Others Counsel for Applicant :- Dhruvendra Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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The accused-applicant seeks bail in Case Crime No.57 of 2022 under sections 363, 366, 376 IPC, and section 5/6 POCSO Act, P.S. Asiwan, District Unnao.

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It has been argued that initially the first information report was lodged against him under section 363 IPC. He draws my attention to the statements recorded under sections 161 and 164 Cr.P.C. wherein the victim has stated that she had gone out of her own free will and both of them stayed together at Pune where they stayed as husband and wife. Subsequently, the applicant had promised that he would marry the victim and when they came back, the police arrested them. It is argued that the applicant is still ready and willing to marry the victim subject to her consent. He further argues that the applicant has no criminal antecedents and is in custody since 26.04.2022 and the trial has not even started.

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Considering the statements under sections 161 and 164 Cr.P.C. which demonstrates that the victim had gone out of her own free will coupled with the fact that there being no medical on record and the applicant is still ready and willing to marry the victim and the ingredients of section 35(2) of the Act primafacie has not been complied with in the present case, the applicant is entitled to be enlarged on bail. Thus the bail application is allowed.

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Let the applicant Furkan be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court below concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the

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offence of which he is accused or suspected of the commission; and

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(c) 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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Order Date :- 11.7.2023 VNP/-

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Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Furkan v. State of U.P. Thru. Prin.Secy. Home and 3 Others

Case brief

What is this about?

What did the court decide?

Furkan v. State of U.P. Thru. Prin.Secy. Home and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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