Allowed

Niranjan @ Niranjan Thakur v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Others

Allahabad HC3 Jul 2024/2336/2024

Case brief

AI extract

What is this about?

Single judge considered a bail application in a child sexual offense case. Despite Opposition from A.G.A., the court granted bail citing the informant's trial statement exonerating the applicant and the absence of criminal history.

What did the court decide?

Released on bail by furnishing personal bonds and two sureties of Rs. 20,000/- each under standard conditions.

Niranjan @ Niranjan Thakur Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:45242

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2336 of 2024

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Applicant :- Niranjan @ Niranjan Thakur Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others Counsel for Applicant :- Shobhit Nigam,Piyush Srivastava 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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In terms of the F.I.R., a F.I.R. was lodged alleging therein that the daughter of the informant aged about 4 years was playing when the informant saw that the applicant was trying to misbehave with her. It was stated that in case the informant would not have come, a mis- happening with her daughter could have occurred.

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Learned counsel for the applicant argued that during trial, the informant has not supported the prosecution story rather she stated that she saw that nothing wrong was done by the applicant. The applicant is in jail since 26.6.2023 having no criminal history, hence the applicant may be enlarged on bail.

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

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Considering the statement of the informant recorded before the trial court coupled with the fact that the applicant has no criminal history is languishing in jail since 26.6.2023, 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 bail application is allowed.

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Let the applicant Niranjan @ Niranjan Thakur be released on bail in FIR/ Case Crime No.0161 of 2023, under Sections 376(a) (b) I.P.C. and Section 5m/6 of the POCSO Act, Police Station Bijnaur, District Lucknow on his furnishing personal bonds and two reliable sureties of Rs.20,000/-

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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 :- 3.7.2024/Shukla

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

Niranjan @ Niranjan Thakur v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Others

Case brief

What is this about?

What did the court decide?

Niranjan @ Niranjan Thakur v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Others

Case brief

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What did the court decide?

What the court decided

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