Allowed

Shahnawaz v. State of U.P. Thru. Prin.Secy. Home Deptt. Lko and Others

Allahabad HC24 May 2023/1573/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application. The applicant, aged about 16, was accused of enticement under IPC sections 363, 366, 376 and POCSO sections 3, 4. The court noted the victim went willingly due to acquaintance and declined a medical exam, finding sufficient grounds for bail.

What did the court decide?

Release on bail on personal bond and two sureties subject to conditions against tampering with evidence.

Shahnawaz 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:36850

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1573 of 2022 Applicant :- Shahnawaz Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Deptt. Lko And Others Counsel for Applicant :- Huzoor Alam Alvi,Vivek Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Vivek Tiwari, learned counsel for the applicant, Sri Manish Kumar Pandey, 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. 0279 of 2021, under Sections 363/366/376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Madiyaon, District Lucknow.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.06.2021 at 23.58 hrs. stating that the applicant had enticed away the informant's minor daughter on 31.05.2021.

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In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she and the applicant both used to study in same school and she had gone with the applicant for the aforesaid reason.

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The victim was taken for her medico legal examination, but she declined to undergo the same.

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Before the Magistrate, the victim stated that she had gone with the applicant and stayed with him for one month, now she will live with her father.

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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

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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 had gone with the applicant because of an old acquaintance; that she declined to undergo the medico legal examination; that the applicant is a young boy of about 16 years having no previous criminal history and he is languishing in jail since 29.06.2021 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-Shahnawaz be released on bail in Case Crime No. 0279 of 2021, under Sections 363/366/376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Madiyaon, District Lucknow 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;

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(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 :- 24.5.2023 Ram.

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

Shahnawaz v. State of U.P. Thru. Prin.Secy. Home Deptt. Lko and Others

Case brief

What is this about?

What did the court decide?

Shahnawaz v. State of U.P. Thru. Prin.Secy. Home Deptt. Lko and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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