In a criminal bail application, the High Court allowed the applicant's bail in a case involving PIPLC and POCSO offences, citing delay in FIR and custody violation under Section 35(2) Cr.P.C.
Release on bail with personal bond and two sureties of Rs. 20,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:52838
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 144 of 2023
Applicant :- Dinesh Maurya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Applicant :- Sachin Verma,Praveen Kumar Pandey Counsel for Opposite Party :- G.A.,Dharmendra Kumar Trivedi
Hon'ble Pankaj Bhatia,J.
the applicant, who is in custody since 19.06.2021 and has no criminal history, is entitled to be enlarged on bail.
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(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.
Order Date :- 1.8.2024 akhilesh/-
Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving POCSO offences given the delay in FIR lodging and custody violation.
Whether the delay in lodging the FIR and the prima facie violation of section 35(2) Cr.P.C. justify bail.
6 provisions across 4 enactments
Dinesh Maurya
Pankaj Bhatia
Akhileshwar Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
