Allowed

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

Allahabad HC20 Jul 2023/246/2023

Case brief

AI extract

What is this about?

The High Court of Allahabad allowed a bail application filed by Sageer accused under various sections including IPC and POCSO. Considering the victim's desire to study and procedural lapses in recording her statement as per POCSO Act, the court released the applicant on bail with bonds and sureties, directing authorities to facilitate the victim's educational admission.

What did the court decide?

Release of applicant on bail with sureties bail bonds and personal bonds, directing admission assistance for the victim in a government school.

Sageer Vs State of U.P. Thru. Prin. Secy… — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:47597

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 246 of 2023

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Applicant :- Sageer Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. And 3 Others Counsel for Applicant :- Sumit Kumar Srivastava,Ashok Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . In terms of the order dated 11.07.2023, the victim is present in Court through Mr. Rajayabhishek Mishra, SI and Ms. Parul Yadav, Constable.

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3 . On a pointed question being raised, the victim stated that she had made the statement under Sections 161 and 164 of Cr.P.C. The said statements are on record. In terms of the allegations levelled against the applicant, it is stated that for about one year, on the false pretext of marriage, the applicant used to make physical relations with the victim. The applicant is in custody since 09.08.2022 and only the charge has been framed till date. The statement of the victim has not been recorded, which is mandatory in terms of Section 35(1) of the POCSO Act and thus, the Counsel for the applicant argues that keeping in view the statement of the victim as well as not following the mandate of Section 35(1) and Section 35(2) of the POCSO Act, the applicant should be released on bail.

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4 . The victim was called for to ascertain her wishes to marry with the applicant. The victim present here does not express her desire to marry with the applicant. She, however, expressed that she wants to study further to make her future bright.

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5. Learned A.G.A. vehemently opposed the bail prayer.

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6. Considering the statements under Sections 161 and 164 of Cr.P.C. and prima facie not following the mandate of Sections 35(1) and 35(2) of the POCSO Act and there being no criminal antecedents against the applicant and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in

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any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

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7 . However, before parting of the said case, keeping in view the desire expressed by the victim to study further, the DIOS, Pratapgarh is directed to ensure the admission of the victim in any Government School of her choice preferably at Saraswati Inter College situate at Sagra, District Pratapgarh.

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8. Learned A.G.A. is directed to send a copy of this order to the District Inspector of Schools, Pratapgarh for taking steps to get the admission of the victim done in the school as referred above. The report shall be sent by the DIOS, Pratapgarh with regard to the admission of the victim in this case forthwith.

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9. Accordingly, the bail application is allowed .

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10. Let the applicant Sageer be released on bail in FIR/ Case Crime No.9 of 2022, under Sections 376, 452, 506, 354-Gha IPC and Section 5(L)/6 of POCSO Act and Section 67-A of the IT Act, Police Station Leelapur, District Pratapgarh on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the 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 :- 20.7.2023 akverma

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

Sageer 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?

Sageer 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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