Allowed

Amit Soni v. State of U.P. and 3 Others

Allahabad HC3 Oct 2023BAIL/37330/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application lodged in Case Crime No.177 of 2023. The applicant was accused of sexual exploitation of a minor. The court noted the victim is now an adult and the allegations are over five years old, deeming them stale. Bail was granted with conditions.

What did the court decide?

The applicant Amit Soni shall be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Amit Soni Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:189559

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37330 of 2023

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Applicant :- Amit Soni Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ravindra Kumar Yadav,Sandeep Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Sri Tanay Kumar, learned AGA, for the State, apprised the Court that on 19.8.2023 notice has been served to the informant of the case.

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Despite service of notice, none appeared on behalf of the informant.

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Heard Sri Sandeep Kumar Yadav, learned counsel for the applicant and Sri Tanay Kumar, learned AGA, for the State.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.177 of 2023, under Sections 504,506 and 376(3) IPC and Section 4(2) POCSO Act, Police Station Pawai, District Azamgarh during pendency of the trial.

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FIR of the present case was lodged against the applicant on 15.6.2023 and according to the FIR, informant of the present case is about 22 years old girl and applicant was sexually exploiting her since the age of 14 years and when informant became major then she insisted her family members to perform marriage with applicant but applicant refused to perform marriage with her.

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Learned counsel for the applicant submits that entire allegation made against the applicant is totally false and baseless and on the basis of about 7-8 years old allegation, he has been made accused

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in the present matter.

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He further submits that actually the victim, i.e., informant of the case wanted to perform marriage with applicant but when applicant and his family members refused to perform marriage with her then she lodged FIR of the present case against the applicant.

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He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 18.5.2023.

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Per contra, learned AGA although opposed the prayer for bail but could not dispute the fact that at the time of lodging the FIR victim is about 22 years old and she made allegation of sexual exploitation after about more than 5 years.

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I have heard learned counsel for the parties and perused the record of the case.

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11 Considering the fact that on the basis of stale allegation of more than five years of sexual exploitation applicant has been made accused in the present matter and at present victim is about more than 22 years old girl, in my view, applicant is entitled to be released on bail.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Amit Soni be released on bail in the

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aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(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.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 3.10.2023 SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Amit Soni v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Amit Soni v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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