Allowed

Vikas Kumar Nag v. State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. and 3 Others

Allahabad HC6 Jul 2023/1268/2023

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant in a case under sections 363, 363, 376 IPC and 3/4 POCSO Act. The court relied on the victim's initial police statement suggesting free will and marriage, alongside the applicant's clean record, to release him on personal and surety bond.

What did the court decide?

Release of the applicant on bail with a personal bond and two reliable sureties, subject to standard bail conditions including attending hearings and not tampering with evidence.

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

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Neutral Citation No. - 2023:AHC-LKO:43632

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1268 of 2023

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Applicant :- Vikas Kumar Nag

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. And 3 Others Counsel for Applicant :- Upendra Prakash Pathak Counsel for Opposite Party :- G.A.,Shiv Shankar Singh

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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.415 of 2022 under sections 363, 366, 376 IPC and section 3/4 POCSO Act, P.S. Safdarganj, District Barabanki.

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It is argued that initially the first information report was registered against the applicant under section 363 and 366 IPC. Subsequently, in the statement under sections 161 and 164 Cr.P.C., the victim did not support the prosecution story and stated that she had gone out of her own free will and they had married and lived as husband and wife. It is also argued that the issue with regard to age shall be considered at the time of trial The applicant is in custody since 17.09.2022 and has no criminal antecedents.

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Considering the statement of the victim under sections 161 and 164 Cr.P.C. coupled with the fact that the applicant has no criminal antecedents and is in jail since 17.09.2022 is entitled to be enlarged on bail. Thus the bail application is allowed.

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Let the applicant Vikas Kumar Nag 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; (b) The applicant shall not commit any offence similar to the 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 :- 6.7.2023 VNP/-

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

Vikas Kumar Nag v. State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Vikas Kumar Nag v. State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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