Allahabad High Court allowed bail application for Sultana and Saraswati in a case concerning abduction and child sexual offences, noting the main accused is on bail and applicants have no antecedents.
Released on bail on furnishing personal bonds and two sureties of Rs.25,000/- each under specified conditions.
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Neutral Citation No. - 2023:AHC:148656
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24334 of 2023
Applicant :- Sultana And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Krishna Mohan Singh Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicants as well as learned A.G.A. and perused the record.
2 . Initially, a missing person report was lodged. Subsequently, in the statement under Section 161 of Cr.P.C., the victim stated that she had gone with Satender Pasawan, who is the main accused. The accused applicants are not named in the FIR, however, subsequently in exercise of power under Section 319 of Cr.P.C., the applicant was summoned.
3 . It is argued that the main accused has been enlarged on bail vide order dated 17.02.2017 and the applicant is in custody since 17.04.2023.
4. Learned A.G.A. vehemently opposed the bail prayer.
5. Considering the submissions made at the bar and the fact that and the applicants have no criminal antecedents and the main co-accused Satender Pasawan has already been enlarged on bail, there is no reason to deny the bail of he applicants, more so, the age of the victim is 18 years and the applicants
6. Accordingly, the bail application is allowed .
7. Let the applicants Sultana and Saraswati be released on bail in FIR/ Case Crime No.748 of 2016, under Sections 363, 366 IPC and Section 8 of the POCSO Act, Police Station Bansdih Road, District Ballia on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:
(b) The applicants shall not commit any offence similar to the
offence of which they are accused or suspected of the commission; and
(c) The applicants 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.
Order Date :- 25.7.2023 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicants in a case involving Section 363, 366 IPC and Section 8 of the POCSO Act.
5 provisions across 3 enactments
Sultana
Saraswati
State Of U.P.
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
