Allowed

Mohammad Roj Ali v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 3 Others

Allahabad HC3 Apr 2023/3099/2023

Case brief

AI extract

What is this about?

This Court allowed bail to the applicant in a case involving kidnapping, abduction, and POCSO charges. Considering the victim's statement that she went voluntarily and wished to marry him, the Court spent the application.

What did the court decide?

Release of Mohammad Roj Ali on bail by executing a personal bond and two sureties subject to conditions.

Mohammad Roj Ali Vs State of U.P. Thru… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3099 of 2023

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Applicant :- Mohammad Roj Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others

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Counsel for Applicant :- Amit Kumar Awasthi,Anand Kumar Shukla

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Amit Kumar Awasthi, the learned counsel for the applicant and Sri Jayant Singh Tomar, the learned A.G.A.-I for the State are present.

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By means of an order dated 28.02.2023, the notice was ordered to be issued to the informant and a counter affidavit was called for within a period of four weeks'.

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Sri Jayant Singh Tomar, the learned A.G.A.-I states that this order was communicated to the Superintendent of Police, Kheri through Writ Cell by letter dated 01.03.2023, but no person has contacted him for preparation of a counter affidavit. As per the report of the Chief Judicial Magistrate, Lakhimpur Kheri, notice of the bail application has been served upon to the informant, but he has also not put in appearance to oppose the bail application.

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In the aforesaid circumstance, this Court has no option but to proceed to decide the bail application on the basis of the material available on record and the assistance provided by the learned counsel for the applicant and the learned A.G.A.-I.

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The instant application has been filed seeking release of the applicant on bail in Case Crime no. 145 of 2022, under Section

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363, 366, 376 I.P.C. and 3/4 of Protection of Children from Sexual Offences Act, registered at Police Station Kheri, District Kheri.

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The aforesaid case has been registered on the basis of F.I.R. lodged on 21.04.2022, stating that his daughter aged about 19 years has gone missing and on making inquiries, he came to know that she was seen talking to the applicant.

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In the statement of the victim recorded under Section 161 Cr.P.C.,she stated that she is aged about 18 years and she had gone with the applicant and she wants to live with the applicant.

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In the medico legal examination report of the victim, no sign of use of force has been reported and no physical injuries has been found on her body.

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In the statement of the victim recorded under Section 164 Cr.P.C., she stated that she had gone with the applicant out of her own free will and she wants to marry him. She categorically stated that the applicant has not committed any misdeed with her.

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A copy of the transfer certificate issued by the Upper Primary School, Ambuapur, certifies that the date of birth of the victim is 04.04.2008

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Having considered the aforesaid facts and circumstances of the case and keeping in view the age of the victim and her statement that she has gone with the applicant out of her own free will, without making any observations 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.

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Accordingly, this bail application stands allowed.

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Let the applicant Mohammad Roj Ali be released on bail Case

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Crime no. 145 of 2022, under Section 363, 366, 376 I.P.C. and 3/4 of Protection of Children from Sexual Offences Act, registered at Police Station Kheri, District Kheri 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 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 :- 3.4.2023 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Mohammad Roj Ali v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Mohammad Roj Ali v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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