The High Court allowed bail to the applicant, Raju, charged with offences under IPC and POCSO Act. The judgment noted the victim turned hostile during trial, the applicant had been in custody with no prior criminal record, and granted bail subject to conditions.
Released on bail under personal bonds and sureties of Rs.20,000/- each.
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Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3946 of 2024
Applicant :- Raju Opposite Party :- State Of U.P. Thru.Prin.Secy. Home And 3 Others Counsel for Applicant :- Dinesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
2 . The FIR in question was lodged alleging the offence under Section 376 IPC, however, the informant and the victim have not supported the prosecution story during trial and have been declared hostile.
3. Learned A.G.A. opposed the bail prayer.
4. Considering the subsequent development coupled with the fact that the applicant is in custody since 02.02.2024 and has no criminal history, is enlarged on bail. Accordingly, the bail application is allowed .
5. Let the applicant Raju be released on bail in FIR/ Case Crime No. 31 of 2024, under Sections 376(3), 506 IPC and Section 3/4(2) POCSO Act, Police Station Katra Bazar, District Gonda, on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:
(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
(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.
Order Date :- 22.7.2024 Arun
Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to bail given the victim turned hostile and the applicant has no criminal history?
Whether conditions for release on bail can be formulated for the specific offences charged?
2 provisions across 2 enactments
Raju
State Of U.P.
Pankaj Bhatia
Arun Kumar
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
