Allowed

Suraj Alias Lallu v. State of U.P. Thru.Prin.Secy. Home and 3 Other

Allahabad HC13 Apr 2023/4996/2023

Case brief

AI extract

What is this about?

In a bail application regarding offences of enticement and POCSO, the court observed that the victim stated her age as 18 and declined a medical exam, citing family conflict. Noting no implication of the applicant and no criminal record, the court was satisfied and allowed bail on personal bond and sureties.

What did the court decide?

Applicant Suraj @ Lallu released on bail in Crime No. 11 of 2023 on personal bond and two sureties subject to conditions.

Suraj Alias Lallu Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4996 of 2023

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Applicant :- Suraj Alias Lallu Opposite Party :- State Of U.P. Thru.Prin.Secy. Home And 3 Other Counsel for Applicant :- Iqbal Ahmad,Amanur Rahman,Mohd. Kumail Haider

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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 Iqbal Ahmad, learned counsel for the applicant, Sri Manoj Kumar Sahu, 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. 11 of 2023, under Sections 363, 366-A, 376 (3) I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kotwali Dehat, District Balrampur.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 12.01.2023 alleging that the informant's daughter aged about 16 years had been enticed away by the applicant on 03.01.2023.

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In the statement of the victim recorded under Section 161 Cr.P.C. she has stated her age to be 18 years and she stated that her mother had beaten her and being angry for the aforesaid reason she had gone to the house of the father in law of her maternal uncle. The applicant is brother of the victim's maternal aunt. The victim declined to undergo medico legal examination.

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In her statement recorded under Section 164 Cr.P.C. also she reiterated her earlier statement.

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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 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 has stated her age to be 18 years and she has declined to undergo medico legal examination; that she has categorically stated that she had gone away from her home because of beating by her mother and she has not stated anything which may make out commission of offence by the applicant; that the applicant has no previous criminal history and he is languishing in jail since 15.01.2023 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-Suraj @ Lallu be released on bail in Case Crime No. 11 of 2023, under Sections 363, 366-A, 376 (3) I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kotwali Dehat, District Balrampur 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

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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 :- 13.4.2023 Ram.

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

Suraj Alias Lallu v. State of U.P. Thru.Prin.Secy. Home and 3 Other

Case brief

What is this about?

What did the court decide?

Suraj Alias Lallu v. State of U.P. Thru.Prin.Secy. Home and 3 Other

Case brief

What is this about?

What did the court decide?

What the court decided

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