Allowed

Toni @ Vivek Kumar v. State of U.P. Thru. Addl. Chief Secy. Home Lko and 3 Others

Allahabad HC4 Oct 2024/10712/2024

Case brief

AI extract

What is this about?

Single judge allowed bail to the applicant accused of offences under IPC and POCSO Act, adopting reasoning from a co-accused bail order and noting lack of antecedents. Order imposes personal bond and sureties.

What did the court decide?

Applicant to be released on bail on furnishing personal bonds and two reliable sureties of Rs.20,000/- each subject to standard conditions.

Toni @ Vivek Kumar Vs State of U.P. Thru… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:68750

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10712 of 2024

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Applicant :- Toni @ Vivek Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko And 3 Others

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Counsel for Applicant :- Sanjay Kumar Singh,Abhishek Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. Despite service of notice, no one appeared on behalf of the complainant.

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2 . The applicant seeks enlargement on bail in FIR No.93 of 2024, under Sections 323, 506, 376D IPC and Sections 5(G)/ 6, 3/4 of POCSO Act, Police Station Bighapur, District Unnao.

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3 . It is argued by the Counsel for the applicant that the co-accused Chhotu @ Ankit on similar allegation has been enlarged on bail vide order dated 24.09.2024.

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

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5. Considering and adopting the same reasoning as contained in the order dated 24.09.2024 coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 22.06.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

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6. Let the applicant Toni @ Vivek Kumar be released on bail in the aforesaid first information report 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 officer or tamper with the evidence.

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Order Date :- 4.10.2024

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akverma

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

Toni @ Vivek Kumar v. State of U.P. Thru. Addl. Chief Secy. Home Lko and 3 Others

Case brief

What is this about?

What did the court decide?

Toni @ Vivek Kumar v. State of U.P. Thru. Addl. Chief Secy. Home Lko and 3 Others

Case brief

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What did the court decide?

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