Allowed

Manoj Yadav v. State of U.P. Thru.Prin.Secy. Home and 3 Others

Allahabad HC29 Jul 2024/4173/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Manoj Yadav accused under PoCSO and IPC 376AB. The court noted the victim refused medical examination, made no charge of insertion, and is unavailable for deposition, both a single-witness case.

What did the court decide?

Applicant released on personal bond with two sureties of Rs.20,000/- each under specified conditions.

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

¶1

Neutral Citation No. - 2024:AHC-LKO:51309

¶2

Court No. - 12

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4173 of 2023

¶4

Applicant :- Manoj Yadav Opposite Party :- State Of U.P. Thru.Prin.Secy. Home And 3 Others Counsel for Applicant :- Chhote Lal Yadav,Abhishek,Anand Dubey,Anil Kumar Tiwari,Utkarsh Misra Counsel for Opposite Party :- G.A.

¶5

Hon'ble Pankaj Bhatia,J.

¶6

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

¶7

2. The applicant seeks enlargement on bail in FIR No.352 of 2022, under Section 376AB IPC, Section 5m/6 of POCSO Act & Section 3(2)5 of SC/ST Act, P.S. Raunahi, District Faizabad/Ayodhya.

¶8

3. In terms of the FIR it was alleged that on 12.10.2022 at about 3 pm, the applicant had taken the daughter of the victim and after closing the room, committed wrong on her. It was stated that when mother of informant came, the applicant ran away.

¶9

4. In the light of the said, learned counsel for the applicant draws my attention to the statement of the victim under Section 164 Cr.P.C., wherein she alleged that after removing the clothes, the applicant had touched the private part of the victim and laid himself on her and when the grandmother of the victim came, the applicant ran away. The victim refused to undergo medical examination. It is further stated by counsel for the applicant, based upon the instructions received, that PW 1 despite issuance of warrants is not coming forward for recording of the statement.

¶10

5. Learned AGA has opposed the bail application.

¶11

6. Considering the fact that the victim has refused to undergo medical examination and even in the statement under Section 164 Cr.P.C., there is no assertion of insertion coupled with the fact that PW 1 is not forthcoming for deposition, the applicant who is in custody since 16.10.2022 and has no criminal history, is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶12

7. Let the applicant Manoj Yadav be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court

¶13

concerned with the following conditions:

¶14

(a) The applicant shall execute a bond to undertake to attend the hearings;

¶15

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

¶16

(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.

¶17

Order Date :- 29.7.2024

¶18

nishant

¶19

Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench

Manoj Yadav v. State of U.P. Thru.Prin.Secy. Home and 3 Others

Case brief

What is this about?

What did the court decide?

Manoj Yadav v. State of U.P. Thru.Prin.Secy. 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

Parties & counsel

Coram

Case details

Similar cases

Viriksh Kumar Alias Birchhey Vs State of U.P. Thru. Prin. Secy. Home Lko.

Prithviraj Lodh Vs State of U.P. Thru. Its Prin. Secy. Home, Deptt. Lko. and Others

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

Shriram General Insurance Co. Ltd. vs Smt Najmeen Begum and 5 Others

Manohar Lal @ Shyam Manohar vs State of U.P. through Secretary Home Department Civil Secretariat, Lucknow

Rajesh Kumar vs State of U.P Thru. Prin. Secy. Home Govt. Lko.