Allowed

Sanjay Kumar Yadav @ Sanju Yadav v. State of U.P. Thru. Secy. Deptt. Home Affairs Lko. and 3 Others

Allahabad HC16 Jan 2024/340/2024

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed the bail application against an accused charged with 363, 366, 376 IPC, POCSO, and SC/ST Acts. The court granted bail, noting the victim's lack of support for the prosecution story in recorded statements.

What did the court decide?

Release on bail subject to furnishing a personal bond and two reliable sureties of Rs.25,000 each along with standard conditions.

Sanjay Kumar Yadav @ Sanju Yadav Vs State… — Child Custody and Guardianship | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:4336

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 340 of 2024

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Applicant :- Sanjay Kumar Yadav @ Sanju Yadav Opposite Party :- State Of U.P. Thru. Secy. Deptt. Home Affairs Lko. And 3 Others Counsel for Applicant :- Akhilesh Pratap Singh,Himanshu Vikram Singh 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, learned AGA and perused the record.

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The accused-applicant seeks bail in Case Crime No.208 of 2023 under sections 363, 366, 376(3) IPC and section 3/4 POCSO Act and section 3(1)(b), 3(2)(v), 3(2)(va) SC/ST Act, P.S. Jethwara, District Pratapgarh.

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A missing person report was lodged. Subsequently, in the statements under sections 161 and 164 Cr.P.C., the victim did not support the prosecution story. As regards the criminal history, the applicant is not wanted in any other pending case and there is no definite document with regard to age of the victim, which shall be determined at the time of trial.

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Considering the statement under sections 161 and 164 Cr.P.C. coupled with the fact that the applicant is in custody since 18.09.2023, a case for bail is made out. Thus the bail application is allowed.

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Let the applicant Sanjay Kumar Yadav @ Sanju Yadav be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.25000/- (Twenty Five 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; (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 :- 16.1.2024 VNP/-

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

Sanjay Kumar Yadav @ Sanju Yadav v. State of U.P. Thru. Secy. Deptt. Home Affairs Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Sanjay Kumar Yadav @ Sanju Yadav v. State of U.P. Thru. Secy. Deptt. Home Affairs Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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