Allowed

Badal v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC8 Jul 2024/4390/2024

Case brief

AI extract

What is this about?

In a criminal bail application, the Allahabad High Court (Lucknow Bench) granted bail to the applicant, Badal, in a case involving enticement and alleged rape of a minor. The court relied on the victim's statement recorded under Section 164 Cr.P.C regarding no physical relations and the applicant's clean record.

What did the court decide?

Applicant released on bail in FIR No. 327 of 2023 on personal and two solemn bonds of Rs. 20,000 each.

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

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Neutral Citation No. - 2024:AHC-LKO:46392

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4390 of 2024

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Applicant :- Badal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Prashant Kumar, Sudhir Kumar Rai Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1 . Counter afÏdavit filed today is taken on record.

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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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3 . In terms of the FIR a missing person report was lodged alleging that the daughter of the informant was enticed away by the applicant, subsequently in the statement under Section 164 Cr.P.C, the victim stated that she met the applicant after the school, from where both of them went to Azamgarh and thereafter to Delhi. She specifically stated that no physical relations were formed and no marriage was solemnized. In view of the said statement, prima facie, the offence under Section 376 IPC cannot be said to be made out. The tentative age of the victim is around 15 years.

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4. Learned A.G.A. opposed the bail prayer.

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5. Considering the statement of the victim recorded under Section 164 Cr.P.C, coupled with the fact that the applicant has no criminal history and is in custody since 29.12.2023 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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6. Let the applicant Badal be released on bail in FIR/ Case Crime No. 327 of 2023, under Sections 363, 366, 376 IPC and Section 5-Tha/6 POCSO Act, Police Station Kotwali Tanda, District Ambedkar Nagar, 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:

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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 :- 8.7.2024 Arun

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

Badal v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

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Badal v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

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