Allowed

Jaskarn v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC26 Sept 2024/10273/2024

Case brief

AI extract

What is this about?

Bail prayers allowed to applicant Jaskarn in criminal case involving allegations of sexual assault and threats of viral video. Court noted substantial FIR delay and lack of medical proof as grounds for discharge.

What did the court decide?

Released on bail under personal bond and two sureties of Rs.20,000/- each with conditions to attend hearings and not tamper evidence.

Jaskarn Vs State of U.P. Thru. Prin. Secy. Home Lko. and… — Narcotics (NDPS) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:66957

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10273 of 2024

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Applicant :- Jaskarn Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Smriti Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . In terms of the FIR, it was alleged that the applicant used to commit wrong on the daughter of the informant on the threat of making a video viral and it was stated that some month ago, when the daughter of the informant was alone, the applicant had committed wrong on her after threatening by use of country-made pistol and video was also made. In the statement under Section 180 BNSS, the victim stated that around 6 months ago, the applicant had committed wrong on her and thereafter on threatening to make the video viral, committed wrong on her and kept on doing so on various occasion.

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3 . The counsel for the applicant argues that on 22.06.2024, an NCR was got registered at the instance of the family of the applicant and as a sequel to the same, the present FIR was got registered on 06.07.2024. Injury report showing injuries sustained by the mother of the applicant is on record.

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4. Learned A.G.A. opposed the bail prayer.

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5. Considering the fact that there is substantial delay in lodging the FIR, there is no corroboration by any medical on record and the applicant is not

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even being tried for an offence under I.T. Act, the applicant who is in custody since 15.07.2024, is enlarged on bail. Accordingly, the bail application is allowed .

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6. Let the applicant Jaskarn be released on bail in FIR/ Case Crime No. 160 of 2024, under Sections 452, 323, 506, 376 IPC and Section 3/4 POCSO Act, Police Station Hasanganj, District Unnao, on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) The applicant shall not directly or indirectly make any 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 to any police ofÏcer or tamper with the evidence.

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Order Date :- 26.9.2024 Arun

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Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Jaskarn v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Jaskarn v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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