Allowed

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

Allahabad HC10 Apr 2024/1462/2023

Case brief

AI extract

What is this about?

In this bail application, the Allahabad High Court准许 the release of the accused on bail after considering the victim's statements under Cr.P.C. sections 161 and 164 and the uncertainty regarding her age under the Juvenile Justice Act. The court emphasized the absence of conclusive evidence on age and prior bail rejections.

What did the court decide?

Released on bail with personal bond and two sureties of Rs. 20,000 each, subject to conditions.

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

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Neutral Citation No. - 2024:AHC-LKO:29360

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1462 of 2023

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Applicant :- Aman Verma

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Lko. And 3 Others

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Counsel for Applicant :- Atul Bhushan Pandey,Atul Kumar Mishra,Chandra Shekhar Pandey

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Counsel for Opposite Party :- G.A.,Avinash Kumar Sharma

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, Shri Avinash Kumar Sharma, learned counsel for the informant as well as learned A.G.A. and perused the record.

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This is third bail application filed on behalf of the applicant. The first bail application was rejected vide order dated 12.4.2022 passed by a Co - Ordinate Bench of this Court. The second bail application was also rejected by another Coordinate Bench of this Court vide order dated 1.12.2022 in the absence of the learned counsel for the learned counsel for the applicant.

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While arguing the third bail application, learned counsel for the applicant argued that in terms of the statements recorded under Sections 161 and 164 Cr.P.C, the victim has clearly stated that she had gone out of her own free will to Delhi and thereafter to Chandigarh. He also drawn my attention to the statement of the victim recorded during trial where she specifically stated that she was in love with the applicant and both of them had gone together. The tentative age of the victim as per the F.I.R. is 14 years, which is to be finally determined at the time of the trial in view of the law laid down in the case of Monish Vs. State of U.P. passed by this Court in Crl. Misc. Bail Application No.55026 of 2021 decided on 9.2.2023. The applicant is languishing

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in jail since 7.12.2020 having no criminal antecedents, hence the applicant may be released on bail.

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

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Considering the statements of the victim recorded under Sections161 and 164 Cr.P.C. coupled with the fact that there is no conclusive document to form a view with regard to the age of the prosecutrix, and the age of the victim is to be determined at the time of the trial in view of the law laid down in the case of Monish Vs. State of U.P.(supra) as well as in terms of the Juvenile Justice Act and the rules framed thereunder; the applicant is in jail since 7.1.2020 and has no criminal antecedents, 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.

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Accordingly, the third application for grant of bail is allowed.

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Let the applicant Aman Verma be released on bail in FIR/ Case Crime No.84 of 2019, under Sections 363, 366, 376 I.P.C. and Section 3/4 of the POCSO Act, Police Station Krishna Nagar, 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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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 :- 10.4.2024/Shukla

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

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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