Allowed

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

Allahabad HC8 Jul 2024/1086/2024

Case brief

AI extract

What is this about?

In a bail application under POCSO and IPC charges for alleged enticement, the Court allowed bail noting the victim's non-support of prosecution story and applicant's clean record, emphasizing no adverse impact on trial if released.

What did the court decide?

Release on bail with personal bonds and two sureties of Rs.20,000/- each subject to specific conditions.

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

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Neutral Citation No. - 2024:AHC-LKO:46385

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1086 of 2024

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Applicant :- Varis Qureshi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Dinesh Kumar 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. None turned up on behalf of the complainant despite service of notice.

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2 . In terms of the FIR a missing person report was lodged alleging that daughter of the informant was enticed away by the applicant, subsequently in the statement of the victim recorded under Section 164 Cr.P.C., the victim did not support the prosecution story and stated that she had gone out of her own free will and wants to stay with the applicant. The tentative age of the victim as per the medical around 16 years.

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

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4. Considering the statement of the victim not supporting the prosecution story, the applicant who has no criminal history and is in custody since 16.01.2022 and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, 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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5. Let the applicant Varis Qureshi be released on bail in FIR/ Case Crime No. 467 of 2021, under

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Sections 363, 366, 368, 376, 120-B IPC and Section 5/6 POCSO Act, Police Station Para, District Lucknow, 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 :- 8.7.2024 Arun

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

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

Case brief

What is this about?

What did the court decide?

Varis Qureshi 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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