Allowed

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

Allahabad HC10 Jul 2023/418/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application, the Allahabad High Court (Lucknow Bench) allowed bail to the applicant, a first-time offender. The court noted the victim's statements contradicted the prosecution narrative, admitted a prior marriage, and held that the POCSO presumption on age could not be availed at the pre-trial stage as per Monish versus State of U.P.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two reliable sureties of the same amount.

Shivam Vs State of U.P. Thru. Prin. Secy. Home Civil… — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:44328

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 418 of 2023

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Applicant :- Shivam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. And 3 Others Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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The FIR in question was lodged under Sections 363, 366, 504 and 506 IPC. In the statements under Sections 161 and 164 Cr.P.C., the victim did not support the prosecution story and in fact she admitted that they had got married. The applicant is in custody since 26.09.2022 and has no criminal antecedent.

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Learned AGA raises the issue with regard to the age of the victim, however, considering the law laid down by this Court in the case of Monish versus State of U.P and others, the presumption under Section 29 of the POCSO Act, cannot be availed at the time of pre trial bail.

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Considering the statements under Sections 161 and 164 Cr.P.C., coupled with the fact that the applicant is in custody since 26.09.2022 and has no criminal antecedent and in view of law laid down in the case of Monish versus State of U.P and others passed in Criminal Misc. Bail Application No.55026 of 2021 vide order dated 09.02.2023, the applicant is enlarged on bail. In view thereof, the application is allowed .

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Let the applicant, Shivam be released on bail in Case Crime No. 232 of 2022, under Sections 363, 366, 376, 504, 506 IPC and 3/4 of the Protection of Children from Sexual Offences Act, Police Station - Jahangirganj, District - Ambedkar Nagar, on his furnishing a personal bond and two reliable 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 :- 10.7.2023 KR

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

Shivam 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?

Shivam 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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