Allowed

Kalichand v. the State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Others

Allahabad HC12 Jan 2024/402/2024

Case brief

AI extract

What is this about?

In a bail application under Sections 363, 366, 376 IPC and POCSO Act, the Hon'ble Court allowed the prayer. The Court noted the victim's statement contradicted the prosecution narrative regarding voluntary association/marriage. Observing no criminal antecedents and lack of flight risk, the applicant was released on bonds and sureties.

What did the court decide?

Released on bail in FIR No. 195 of 2023 by furnishing personal bonds and two reliable sureties of Rs. 25,000/- each.

Kalichand Vs the State of U.P. Thru. Prin. Secy. Deptt… — Narcotics (NDPS) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:3797

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 402 of 2024 Applicant :- Kalichand Opposite Party :- The State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Others Counsel for Applicant :- Pawan Kumar Mishra 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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No one appears on behalf of respondent no.2 despite service of notice.

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Initially, a missing person report was lodged. Subsequently, in the statements under Sections 161 and 164 Cr.P.C., the victim stated that she had gone with the applicant at her own free will. She stated that they had also married at Bahraich. She disclosed her age as 22 years. There is no definite document with regard to the age of the victim which is to be determined at the time of the trial. The applicant is in custody since 12.10.2023 and has 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 statements of the victim recorded under Sections 161 and 164 Cr.P.C. which do not support the prosecution story coupled with the fact that the applicant has no criminal antecedents and is in custody since 12.10.2023 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.

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Accordingly, the bail application is allowed.

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Let the applicant Kalichand be released on bail in FIR/ Case Crime No.195 of 2023, under Sections 363, 366, 376 I.P.C. and Section 5/6 of

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the POCSO Act, Police Station Hardutt Nagar Grient, District Shrawasti on his furnishing personal bonds and two reliable sureties of Rs.25,000/- 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 :- 12.1.2024

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Shukla

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

Kalichand v. the State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Others

Case brief

What is this about?

What did the court decide?

Kalichand v. the State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Others

Case brief

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What did the court decide?

What the court decided

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