Shivam v. State of U.P.
Case brief
What is this about?
High Court allowed bail application for applicant charged under Sections 363 and 366 IPC, directing personal bond and two sureties with conditions to appear, not tamper with evidence, and not pressurize witnesses.
What did the court decide?
Released on bail with personal bond and two sureties subject to appearing in court, not tampering with evidence, and not pressurizing witnesses.
What the court decided
Neutral Citation No. - 2023:AHC:226107
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45251 of 2023
Applicant :- Shivam Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Ji Pandey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma,J.
- Heard Sri Prashant Ji Pandey, learned counsel for the applicant, Sri Pankaj Kumar Tripathi, learned AGA for the State and perused the record.
- In compliance of the order dated 09.11.2023, Sahab Singh, investigating officer of the concerned case, has appeared and has filed his personal affidavit which is taken on record.
- Learned AGA concedes that the victim had left the parenthood on 09.06.2023 on which date she was aged about 17 years, 11 months and 24 days but she solemnized marriage with the accused on 16.06.2023 and physical relation was established between both of them while the victim has attained the age of majority on 15.06.2023. Since no cohabitation had taken place prior to her marriage i.e. 16.06.2023 that is why the investigating officer did not mention POCSO Act and Section 376 IPC.
- This Court concurs with the submissions advanced by the learned AGA. It is directed that the appearance of the investigating officer, present today in the Court, is exempted.
Issues for consideration
1 issue framed by the court
Whether the applicant entitled to bail despite charges of kidnapping and smuggling a minor?
Parties & counsel
- applicant
Shivam
- respondent
State of U.P.
Coram
Umesh Chandra Sharma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/45251/2023
Similar cases
Judgements on the same questions, provisions and authorities, from every court