Allowed

Niraj v. State of U.P. Thru. the Prin. Secy. Home Lko. and 3 Others

Allahabad HC20 Mar 2023/2035/2023

Case brief

AI extract

What is this about?

Allowed a bail application filed by Niraj in a case involving alleged offences under Sections 363, 366, 376 IPC and POCSO. The court noted the victim's statement supporting the applicant and lack of physical evidence.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties, subject to standard conditions not to tamper with evidence or pressurize witnesses and to appear on all dates.

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

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2035 of 2023

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Applicant :- Niraj Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Shiv Shankar Verma,Deshraj Singh,Gyanindra Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Mr. Deshraj Singh, learned counsel for the applicant, Mr. 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. 0463 of 2022, under Sections 363/366/376 I.P.C. and Section 5 (L)/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Masauli, District Barabanki.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.08.2022 alleging that the informant's daughter aged about 16 years had gone missing on 11.08.2022.

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In the statement of the alleged victim recorded under Section 161 Cr.P.C. she has stated that she was having friendship with the applicant, she had gone with the applicant and in her statement recorded under Section 164 Cr.P.C. she further stated that she had gone away with the applicant out of her own freewill and that she married the applicant. She categorically stated that the applicant has not committed any wrong. The informant's date of birth has been informed to be 01.01.2005 by the Principal of Intermediate College, where she is studying in Class IX.

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In the medico legal examination report of the alleged victim no injury has been reported on any part of her body and in the pathological examination report no spermatozoa has been found.

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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, he has no criminal history.

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The learned A.G.A. has opposed the prayer for bail but 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 alleged victim has stated that she has gone with the applicant out of her own freewill; that she has married the applicant; that the applicant has no previous criminal history and he is languishing in jail since 21.08.2022 and without making any observation, which may affect the merits of the case, I am satisfied that the applicant is entitled to be enlarged on bail in the aforesaid case crime.

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Accordingly, this bail application stands allowed .

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Let the applicant- Niraj be released on bail in Case Crime No. 0463 of 2022, under Sections 363/366/376 I.P.C. and Section 5 (L)/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Masauli, District Barabanki 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;

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(iii) the applicant shall appear on each and every date fixed by

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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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(Subhash Vidyarthi, J.)

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Order Date :- 20.3.2023 Ram.

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

Niraj v. State of U.P. Thru. the Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Niraj v. State of U.P. Thru. the Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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