Allowed

Ajay Gond v. State of U.P. and Another

Allahabad HC23 Jun 2023BAIL/26857/2023

Case brief

AI extract

What is this about?

High Court allowed a bail application in an offence under sections 363, 366 IPC. The court held that a case for bail is made out considering the victim's consent, her age being near majority, and the applicant's lack of prior criminal history. Bail granted on personal bond and two sureties.

What did the court decide?

Enlargement on bail executed by the applicant with a personal bond and two sureties to the satisfaction of the court.

Ajay Gond Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:128281

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26857 of 2023

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Applicant :- Ajay Gond Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prakash Sharma,Chandra Prakash Misra Counsel for Opposite Party :- G.A.

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Hon'ble Syed Aftab Husain Rizvi,J.

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Heard learned counsel for the applicant, learned AGA and learned counsel appearing for opposite party no.2.

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This bail application under section 439 of Cr.P.C. has been filed by the applicant seeking enlargement on bail in case crime no.55 of 2023, under sections 363, 366 IPC, P.S. Kuberasthan, District Kushinagar.

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The FIR of this case was lodged by father of the victim alleging therein that on 18.03.2023 at about 3:00 pm his minor daughter has been enticed away by the accused.

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Learned counsel for the applicant contended that the victim is major. In her statement recorded U/s 164 Cr.P.C, she has stated that her age is 18 years; she has also stated that she has voluntarily went with the applicant accused. In her ossification test, the age of the victim has been found below 18 years. The victim is a consenting party and near the age of majority. It is also contended that applicant is innocent and has been falsely implicated. The applicant is languishing in jail since 09.04.2023. The applicant has no previous criminal history and he undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.

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Learned AGA opposed the prayer for bail but could not disputed the fact that victim is a consenting party.

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Considering the rival contentions of the parties, the material available on record, attending circumstances of the case, keeping in view the nature of the offence, evidence and without expressing any opinion on the merits of the case, in view of this Court, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the applicant- Ajay Gond involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

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The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.

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This bail order would be subject to the fulfillment of following conditions:-

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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Order Date :- 23.6.2023 C. MANI

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Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad

Ajay Gond v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ajay Gond v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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