Allowed

Shaukat Ali v. the State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Others

Allahabad HC10 Apr 2024/1032/2024

Case brief

AI extract

What is this about?

In a bail application under Section 376 IPC and POCSO Act, the court granted bail to the applicant. Key factors were the victim declaring themselves hostile and the FSL report stating the applicant was not the biological father of the fetus.

What did the court decide?

Accused released on bail on personal bonds and two sureties of Rs.20,000 each.

Shaukat Ali Vs the State of U.P. Thru. Prin… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:29434

¶2

Court No. - 12

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1032 of 2024

¶4

Applicant :- Shaukat Ali Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Others Counsel for Applicant :- Arun Kumar Tewari,Neetesh Kumar Pandey,Prabhat Dwivedi Counsel for Opposite Party :- G.A.

¶5

Hon'ble Pankaj Bhatia,J.

¶6

1. Supplementary afÏdavit filed on behalf of the applicant is taken on record.

¶7

Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. None turned up on behalf of the complainant despite service of notice.

¶8

3 . In terms of the FIR, the allegation for commission of an offence under Section 376 IPC was leveled, subsequently during trial, the victim was declared hostile even the FSL report, which has been filed along with the supplementary afÏdavit, clearly states that the applicant is not the biological father of the fetus.

¶9

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

¶10

5. Considering the said two subsequent developments, the applicant, who is in custody since 20.07.2023 having no criminal history is enlarged on bail. Accordingly, the bail application is allowed .

¶11

6. Let the applicant Shaukat Ali be released on bail in FIR/ Case Crime No. 410 of 2023, under Sections 376(3), 504, 506 IPC and Section 5J(ii)/6 POCSO Act, Police Station Mankapur, District Gonda, on his furnishing personal bonds and two

¶12

reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:

¶13

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

¶14

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

¶15

(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.

¶16

Order Date :- 10.4.2024 Arun

¶17

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

Shaukat Ali v. the State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Shaukat Ali v. the State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Raj Kumar Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Abhijeet Kumar Vs State of U.P. Thru. Addl. Chief Secy. Home Lko.

Ajay Yadav Vs State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and 3 Others

Ravi Alias Sheelu Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Pramod Dixit Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Aman Verma Vs State of U.P. Thru. Prin. Secy. Home Deptt. Civil Lko. and 3 Others