Allowed

Ujair v. State of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko and 3 Others

Allahabad HC8 Jul 2024/5441/2024

Case brief

AI extract

What is this about?

The Allahabad High Court (Lucknow Bench) allowed this bail application. The applicant, accused under POCSO and IPC sections, was a first-time offender. The victim had recorded a statement under Section 164 Cr.P.C. denying molestation and stating she went out voluntarily, contradicting the FIR. The court granted bail subject to bonds and sureties.

What did the court decide?

Release of the applicant on bail by furnishing personal bonds and two sureties of Rs. 20,000 each, with conditions to attend hearings, not commit similar offences, and not induce witnesses.

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

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Neutral Citation No. - 2024:AHC-LKO:46283

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5441 of 2024

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Applicant :- Ujair Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko And 3 Others Counsel for Applicant :- Pawan Kumar Pandey Counsel for Opposite Party :- G.A.,Dinesh Kumar,Rajesh Kumar

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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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2 . In terms of the FIR a missing person report was lodged alleging that the daughter of the informant aged about 20 years was enticed by the applicant. Subsequently, in the statement of the victim recorded under Section 164 Cr.P.C., the victim did not support the prosecution story and stated that she had gone out of her own free will and nothing wrong was done to her.

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

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4. Considering the fact that the age of the victim is 20 years and the statement under Section 164 Cr.P.C. not supporting the prosecution, the applicant who is in custody since 19.04.2024 having no criminal history 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. Accordingly, the bail application is allowed .

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5. Let the applicant Ujair be released on bail in FIR/ Case Crime No. 233 of 2024, under Sections 366, 376 IPC and Section 3/4 POCSO Act, Police

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Station Leharpur, District Sitapur, 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

Ujair v. State of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko and 3 Others

Case brief

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Ujair v. State of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko and 3 Others

Case brief

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