Allowed

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

Allahabad HC25 May 2023/574/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the bail application of the accused, a young man with no criminal history, in a POCSO and IPC case involving alleged enticement. The court relied on victim statements indicating voluntary marriage and absence of injury marks.

What did the court decide?

Released on bail on furnishing a bond and two sureties, subject to not tampering with evidence, not pressuring witnesses, and appearing on all future dates.

Shivam Vs State of U.P. Thru. Prin. Secy… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:37448

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 574 of 2023

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Applicant :- Shivam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Smriti Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Ms. Smriti, the learned counsel for the applicant, Sri Sriniwas Bajpai, the learned AGA for the State and perused the record.

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The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 255 of 2022, under Sections 363, 366, 376 IPC & 3/4 POCSO Act, Police Station Pali, District Hardoi.

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The aforesaid case has been registered on the basis of an FIR lodged on 07.07.2022 alleging that the applicant had enticed away the informant's daughter aged about 16 years.

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In the statement of the victim recorded under section 161 Cr.P.C., she stated that she loves the applicant and she had gone to the applicant's house about one year's ago also but her family members and police had persuaded to go back to her house but on 07.07.2022 she again went to the applicant and married him.

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In the medico legal examination report no mark of injury or sign of use of force on her body has been reported.

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The radiological examination report for ascertaining the victim's age is not available.

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In the statement of the victim recorded under Section 164 Cr.P.C. also she stated that she has married the applicant and the applicant has not committed any misded with her.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has consistently stated that she has married the applicant out of her own free will and also that the applicant is a young boy aged about 18 years having no criminal history and he is languishing

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in jail since 26.07.2022, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, this bail application is allowed .

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Let the applicant Shivam be released on bail in Case Crime No. 255 of 2022, under Sections 363, 366, 376 IPC & 3/4 POCSO Act, Police Station Pali, District Hardoi on furnishing a bail 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 temper 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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Order Date :- 25.5.2023 Pradeep/-

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

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

Case brief

What is this about?

What did the court decide?

What the court decided

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