The High Court allowed the bail application of an accused facing charges of enticement and offences under IPC and POCSO. The court noted that the victim's statements indicated voluntary entry into a marriage, and she made no accusations against the applicant in her recorded statements.
Release on bail by furnishing a personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:114191
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3262 of 2023
Applicant :- Akash Goswami Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shivangi Bhargava,Neeraj Kumar Bhargava Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
and one another under Sections 363 and 366 IPC and according to the FIR, applicant and co-accused have enticed away the minor daughter of the informant aged about 16 years.
the statements recorded under Sections 161 and 164 Cr.P.C.she categorically stated that she had gone along with applicant according to her own wish and after performing marriage with him, she started living with him as his wife and she also conceived with applicant.
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and antisocial activity.
prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
Order Date :- 24.5.2023
SKM
Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail given the evidence in police statements suggesting the victim was willing to cohabit and no direct accusation was made against him.
Whether the alleged act of enticement was committed in the case under Sections 363, 366, and 376 IPC.
How to proceed with the bail application considering the victim's statement in the supplementary affidavit.
6 provisions across 3 enactments
Akash Goswami
State Of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
