Allowed

Ashwani Kumar Mishra v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 3 Others

Allahabad HC5 Jul 2024/4363/2024

Case brief

AI extract

What is this about?

In a bail application regarding arrest under PoCSO and IPC offences, the single judge held that despite the victim's inconsistent statements about her age and lack of hue and cry, the absence of medical findings on force and lack of corroboration prima facie established a case for bail.

What did the court decide?

Released on bail to execute a bond and provide two sureties of Rs.20,000/- each subject to standard conditions.

Ashwani Kumar Mishra Vs State of U.P. Thru. Prin. Secy… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:45946

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4363 of 2024

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Applicant :- Ashwani Kumar Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others

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Counsel for Applicant :- Arvind Kumar

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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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None appears on behalf of the respondent no.2 despite service of notice.

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In terms of the F.I.R., a missing person report was lodged alleging therein that the daughter of the informant aged about 15 years had not returned after school. Thereafter, the victim went to Madhya Pradesh, Hyderabad and Varanasi and to various other places which she did not remember. She further stated that she was staying with the said persons for 3-4 days. No medical examination of the victim was done with regard to her age. The other medical examination done on 6.1.2024, depicted that there was no sign of use of force. In the statement under Section 164 Cr.P.C., the allegations of rape were levelled, however, it was reflected that she gone with the applicant to various places from Lucknow to Raebareli, Barabanki etc.

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Learned counsel for the applicant states that the statements recorded under Sections 161 and 164 Cr.P.C. do not corroborate the prosecution story. The applicant is in custody since 17.1.2024 having no criminal antecedents hence the applicant may be enlarged on bail.

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Learned counsel for the respondent/ informant as well as learned A.G.A. strongly opposed the prayer for bail.

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Considering the fact that there is no definite document with regard to the age of the victim and considering the fact that the victim herself has left the home and had visited the various places alongwith the applicant over a long span of time and the victim never raised any hue and cry in the entire journey, prima facie, a case for bail is made out particularly when the applicant is in custody since 17.1.2024 having no criminal history, 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 Ashwani Kumar Mishra be released on bail in FIR/ Case Crime No.04 of 2024, under Sections 363, 366, 376(3), 506 I.P.C. and Section 3/4 of POCSO Act, Section 3(2) (v) of SC & ST Act, Police Station Mohanlal Ganj, District Lucknow on his furnishing a personal bond and two reliable sureties of Rs.20,000/- 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 :- 5.7.2024

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Shukla

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

Ashwani Kumar Mishra v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Ashwani Kumar Mishra v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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