Allowed

Santlal Alias Santram v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

Allahabad HC23 Feb 2024/231/2024

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Santlal Alias Santram, accused under Section 376 and POCSO Act, noting the informant's hostile statement and the applicant's clean record as grounds for bail on parity.

What did the court decide?

Applicant Santlal @ Santram released on bail on furnishing personal bonds and two sureties of Rs. 20,000 each.

Santlal Alias Santram Vs State of U.P. Thru… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:16516

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 231 of 2024

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Applicant :- Santlal Alias Santram Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others

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Counsel for Applicant :- Lal Bahadur Khan,Shashi Dhar Pathak 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.

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Counter afÏdavit filed on behalf of the respondent State is taken on record.

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It is argued that during trial, the informant has turned hostile as per the statement. Hence, the applicant who is in custody since 26.6.2021 and has no criminal antecedents, may be enlarged on bail.

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

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Considering the fact that the informant has turned hostile and has not supported the prosecution story coupled with the fact that the applicant is in custody since 26.6.2021 having no criminal history, 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 on the ground of parity.

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Accordingly, the bail application is allowed.

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Let the applicant Santlal @ Santram be released on bail in FIR/ Case Case Crime No.345 of 2021, under Sections 376 AB I.P.C. and Section 5m/6 of the POCSO Act, Police Station Bachhrawan, District Raebareli on his furnishing personal bonds and two reliable sureties of

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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 :- 23.2.2024

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Shukla

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

Santlal Alias Santram v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Santlal Alias Santram v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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