Allowed

Hafeez v. State of U.P. Thru. Prin.Secy. Deptt. of Home and 3 Others

Allahabad HC26 Jul 2024/265/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad, Lucknow Bench allowed the bail application of Hafeez accused under various IPC sections and POCSO Act. Prima facie proximity was established via victim statement, and no criminal history was found.

What did the court decide?

Released on bail subject to personal bond and two sureties of Rs.20,000 each and specific conditions regarding attendance, non-offence, and evidence tampering.

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

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Neutral Citation No. - 2024:AHC-LKO:50922

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 265 of 2023

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Applicant :- Hafeez Opposite Party :- State Of U.P. Thru. Prin.Secy. Deptt. Of Home And 3 Others Counsel for Applicant :- Mohd.Imran Khan,Girish Kumar Pandey,Jai Prakash Shukla,Tripuresh Mishra

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Counsel for Opposite Party :- G.A.,Anurakt Singh,Kshitij Singh

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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The accused-applicant seeks bail in Case Crime No.149 of 2022 under sections 363, 366, 376, 342, 504 IPC and section 5/6 POCSO Act, P. S. Gudamba, District Lucknow.

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Supplementary Affidavit has been filed annexing the statement of the victim recorded during the trial in which she has disclosed her age as 18 years and has also stated that she knew the applicant and physical relations were formed in between them on earlier occasions also. She also stated that she had talk to the applicant on mobile on various occasions, which was given by the applicant to the victim.

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Considering the statement, prima-facie the proximity of the applicant and the victim is depicted, as such, the applicant who is in custody since 05.04.2022 and has no criminal history is entitled for the bail. Thus the bail application is allowed.

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Let the applicant Hafeez be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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 officer or tamper with the evidence.

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Order Date :- 26.7.2024 VNP/-

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Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Hafeez v. State of U.P. Thru. Prin.Secy. Deptt. of Home and 3 Others

Case brief

What is this about?

What did the court decide?

Hafeez v. State of U.P. Thru. Prin.Secy. Deptt. of Home and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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