Allowed

Phool Chandra Verma v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC7 Jul 2023/13775/2022

Case brief

AI extract

What is this about?

Criminal miscellaneous bail application filed by Phool Chandra Verma, maternal uncle of the victim in a case alleging her abduction. High Court granted bail, finding prima facie no material evidence to implicate the applicant given the victim's change of version. Conditions imposed for attendance, refraining from committing similar offences, and not tampering with evidence.

What did the court decide?

Applicant released on bail in cases under Sections 363, 366, 376-D, 506 IPC and POCSO Act via personal bond with two sureties.

Phool Chandra Verma Vs State of U.P. Thru… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:43840

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13775 of 2022

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Applicant :- Phool Chandra Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Mohsin Iqbal,Kaushal Tiwari,Prashant Dubey Counsel for Opposite Party :- G.A.,Amit Kumar Singh,Prashansa Singh,Rama Niwas Pathak,Uma Shankar Verma

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Hon'ble Pankaj Bhatia,J.

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

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The FIR in question was lodged alleging that the daughter of the informant went missing and it was apprehended that one Nitin along with the applicant had taken her. Subsequently, after the recovery, the victim gave her statement under Section 161 Cr.P.C. stating that she had gone out of her own freewill with Nitin to her Mama's house, who is the applicant in the present case. It was also stated under Section 164 Cr.P.C. that she had stayed with Nitin and thereafter went to Punjab. Although allegation of Section 376 IPC was levelled for the first time against the applicant also. The counsel for the applicant argues that the applicant is the maternal uncle of Nitin with whom the victim had gone out of her own freewill. He has no criminal antecedent and is in custody since 25.08.2022. He argues that the version under Section 164 Cr.P.C. was given after 18 days and there is no material other than the statement to justifying the detention of the applicant, who is in jail since 25.08.2022.

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Learned AGA has opposed the bail application.

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Considering the submissions, statements and the variance therein and they there is prima facie no material evidence to implicate the applicant, the applicant is in custody since 25.08.2022, the applicant is enlarged on bail. In view thereof, the application is allowed .

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Let the applicant Phool Chandra Verma be released on bail in FIR / Case Crime No.172 of 2022, under Sections 363, 366, 376-D, 506 IPC and 3/4 POCSO Act, P.S. Haiderganj, District

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Ayodhya, on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court 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 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 :- 7.7.2023 KR

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Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Phool Chandra Verma v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Phool Chandra Verma v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

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What did the court decide?

What the court decided

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