Allowed

Durgesh v. State of U.P. Thru. Add. Chief Secy. Home Deptt. Lko.

Allahabad HC5 Oct 2023/509/2023

Case brief

AI extract

What is this about?

In an application for bail under Sections 363 and 366 IPC, the High Court considered the applicant's claim of innocence, the victim's hostile testimony, and his lack of criminal history. The Court granted bail subject to conditions preventing tampering with evidence.

What did the court decide?

Release on bail on personal bond and two sureties subject to conditions not to tamper with evidence and to appear in court.

Durgesh Vs State of U.P. Thru. Add. Chief… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:64075

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 509 of 2023

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Applicant :- Durgesh Opposite Party :- State Of U.P. Thru. Add. Chief Secy. Home Deptt. Lko. Counsel for Applicant :- Manoj Kumar Gupta,Achyutanand Pathak,Naseem Ahamad,Shyam Kinkar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Manoj Kumar Gupta, the learned counsel for the applicant, Smt. Parul Kant, the 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. 289 of 2022, under Sections 363, 366 I.P.C., registered at Police Station Mahanagar, District Lucknow.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.09.2022, alleging that the applicant had enticed away the informant's minor daughter.

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A supplementary affidavit has been filed on behalf of the applicant annexing therewith the copy of statement of the victim recorded by learned trial court, wherein she has stated that she is aged about 18 years and she did not support the allegations levelled against the applicant.

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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

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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 was declared to be hostile and nothing adverse to the applicant came to light even in her cross-examination, coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 21.10.2022 and without making any observation, 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 in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant-Durgesh be released on bail in Case Crime No. 289 of 2022, under Sections 363, 366 I.P.C., registered at Police Station Mahanagar, District Lucknow 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; (iii) the applicant shall appear on each and every date fixed by the trial court.

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(Subhash Vidyarthi, J.)

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Order Date :- 5.10.2023 Ram.

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

Durgesh v. State of U.P. Thru. Add. Chief Secy. Home Deptt. Lko.

Case brief

What is this about?

What did the court decide?

Durgesh v. State of U.P. Thru. Add. Chief Secy. Home Deptt. Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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