Allowed

Sahzad v. State of U.P. Thru. Secy. Home Deptt. Lko. and 3 Others

Allahabad HC21 Mar 2024/14948/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by an applicant accused under Sections 363, 366, 376(AB) IPC and POCSO Act for abducting a minor girl to Nepal despite her refusal to undergo medical examination and the applicant's prior criminal history.

What did the court decide?

Released on bail with two sureties of Rs.20,000/- each with personal bond conditions regarding attendance, non-reoffending, and non-inducement.

Sahzad Vs State of U.P. Thru. Secy. Home… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:25284

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Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14948 of 2023 Applicant :- Sahzad Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Rama Kant Dixit 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, learned AGA and perused the record.

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2. The applicant seeks enlargement on bail in FIR No.273 of 2023, under Section 363, 366, 376(AB) IPC & Section 5(m)/6 of POCSO Act, P.S. Khairighat, District Bahraich.

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3. In terms of the FIR registered as a missing person report, it was alleged that some unknown person has enticed away the daughter of the informant. Subsequently, in the statement under Section 164 Cr.P.C., the victim stated that she had gone with the applicant to Nepal where the applicant had lured her. The victim has refused to undergo medical examination. The tentative age of the victim is around 17 and 1/2 years.

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4. Learned AGA has opposed the bail application.

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5. Considering the aforesaid facts coupled with the fact that the applicant has on crimal history which is duly explained, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

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6. Let the applicant Sahzad be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions:

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(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

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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 :- 21.3.2024 nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench

Sahzad v. State of U.P. Thru. Secy. Home Deptt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Sahzad v. State of U.P. Thru. Secy. Home Deptt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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