Allowed

Ajay v. State of U.P. and 3 Others

Allahabad HC10 Feb 2023BAIL/55541/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 55541 of 2022 before Court No. 92, Delhi, the court granted bail to the applicant accused under Sections 363, 366, 376 IPC and 3/4 POCSO Act, subject to conditions preventing tampering and ensuring court appearance.

What did the court decide?

Released on bail under Sections 363, 366, 376 IPC and 3/4 POCSO Act on furnishing a personal bond and two sureties subject to specific conditions.

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

¶1

Court No. - 92

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55541 of 2022

¶3

Applicant :- Ajay Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Chandra Solanki Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vipin Chandra Dixit,J.

¶5

Notices have been issued to opposite party no.2 and as per report of C.J.M., Auraiya dated 17.1.2023 the notice was duly served upon the opposite party no.2/informant.

¶6

No one has put in appearance on behalf of informant.

¶7

Heard Ram Chandra Solanki, learned counsel for applicant, learned A.G.A. for the State and perused record.

¶8

Learned counsel for the applicant has submitted that the incident was alleged to be occurred on 19.6.2022 whereas the F.I.R. was lodged after a great delay of 8 days on 27.6.2022. The statement of victim was recorded under Section 164 Cr.P.C. and there was no allegation of rape against the applicant. It is further submitted that there was no direct evidence against the applicant that he enticed away the victim and it is a case of false implication of applicant. The applicant has no criminal history. He next submits that the applicant is in jail since 1.8.2022 and if he is released on bail, he will not misuse the liberty of bail.

¶9

Learned AGA for the State vehemently opposed the prayer of bail.

¶10

Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment, considering the statement of victim recorded under Section 164 Cr.P.C. as well as totality of facts and circumstances, at this stage without commenting on merits of case, I find it a fit case for bail.

¶11

Let the applicant Ajay be released on bail in Case Crime No. 81 of 2022, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, P.S. Sahayal, District Auraiya, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned, subject to the following conditions:

¶12

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner

¶13

whatsoever.

¶14

(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

¶15

(iii) The applicant will not indulge in any unlawful activity.

¶16

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

¶17

The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

¶18

Order Date :- 10.2.2023 Kpy

¶19

Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad

Ajay v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ajay v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Queen of Apostles Society St.Marys Convent Vs State of U.P. and 3 Others

Indramani Singh Vs State of U P and 3 Others

Shashi Kapoor Gupta Vs State of U P and 9 Others

Deena Gurjan Vs State of U.P. and Another

Yudhisthir @ Bablu Vs State of U.P.

Deepak Maurya Vs State of U.P.