Allowed

Deepak v. State of U.P. Thru. Addl. Chief Secy. Home Civil Lko. and 3 Others

Allahabad HC22 May 2023/1302/2023

Case brief

AI extract

What is this about?

Single judge Court allowed bail to the applicant in a case involving Sections 363, 366, 376, 504, 506 IPC and POCSO. Reliance placed on victim's major age, free will, marriage status, and applicant's clean record.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties each in an amount satisfactory to the court, subject to conditions.

Deepak Vs State of U.P. Thru. Addl. Chief… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:35771

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1302 of 2023

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Applicant :- Deepak Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Civil Lko. And 3 Others Counsel for Applicant :- Jayveer Rajput Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Jayveer Rajput, learned counsel for the applicant, Sri Amit Kumar Dwivedi, learned A.G.A. for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 298 of 2022, under Sections 363, 366, 376, 504, 506 IPC & Section 3/4 POCSO Act, Police Station Makhi, District Unnao.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.10.2022 against the applicant and his four family members, alleging that the applicant had enticed away the informants minor daughter on 27.10.2022.

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In the statement of the victim recorded under Section 161 Cr.P.C., she has stated that she is aged 18 years, she had gone with the applicant out of her own free will and she wants to live with the applicant only.

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In the medico legal examination, the age of the victim has been opined to be 18 years. Before the Magistrate also the victim stated that she loves the applicant, she had gone with him and she has married him. She has categorically stated that the applicant has not enticed her away.

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In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

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The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim is major and she has consistently stated that she has gone with the applicant out of her own free will and she has married the applicant, coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 11.12.2022 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant- Deepak be released on bail in Case Crime No. 298 of 2022, under Sections 363, 366, 376, 504, 506 IPC & Section 3/4 POCSO Act, Police Station Makhi, District Unnao on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 22.5.2023 Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Deepak v. State of U.P. Thru. Addl. Chief Secy. Home Civil Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Deepak v. State of U.P. Thru. Addl. Chief Secy. Home Civil Lko. and 3 Others

Case brief

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What did the court decide?

What the court decided

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