The Court allowed an anticipatory bail application filed by Vishal in a case involving enticement, abduction, and alleged sexual offences under the IPC and POCSO Act, granting bail subject to standard conditions and future contingencies.
The applicant is released forthwith on anticipatory bail subject to conditions, one personal and two sureties each.
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Neutral Citation No. - 2023:AHC:135741
Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3160 of 2023 Applicant :- Vishal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Janmed Kumar Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
(i). that the applicant shall make himself available for interrogation by a police officer as and when required;
(ii). that 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;
(iii). that the applicant shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
(v). that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.
(Krishan Pahal, J.)
Order Date :- 10.7.2023 Ravi Kant
Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant ought to be granted anticipatory bail in a case involving enticement, abduction, and sexual offences.
Whether the provisions of the POCSO Act apply given the consent and age of the victim.
Colour shows how this judgement treated each authority
Sushila Aggarwal Vs. State (NCT of Delhi)Referred¶14
Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1 · Who else cites this
3 provisions across 3 enactments
Vishal
Krishan Pahal
As recorded by the court registry
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