In a criminal bail application, the Allahabad High Court, Lucknow Bench held that the applicant is entitled to bail. The magistrate noted the victim's age (around 15), the lack of injury, and the applicant's clean record, ruling in his favor.
Applicant released on bail with personal bonds and two sureties of Rs. 20,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:49310
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6746 of 2024
Applicant :- Naseer Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Counter affidavit filed by the State today in Court is taken on record.
2 . Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. Despite service of notice, no one appeared on behalf of the complainant.
3 . The applicant seeks enlargement on bail in FIR No.275 of 2022, under Sections 364, 376, 343 IPC and Section 3/4 of POCSO Act, Police Station Safipur, District Unnao.
4 . In terms of the FIR, it was alleged that the daughter of the informant aged about 15 years was enticed by the applicant. The FIR was lodged on 21.06.2022 alleging that she was taken on 18.06.2022. Subsequently, the statement of the victim was recorded under Sections 161 and 164 of Cr.P.C., wherein, she stated that she was taken and was kept in a jungle for 8-10 days. She also specifically stated that the applicant had no weapon and she never tried to escape. The medical on record did not indicate any injury on the victim.
5. Learned A.G.A. vehemently opposed the bail prayer.
6. Considering the fact that the victim stayed with the applicant for a span of 8-10 days without resistance and the tentative age of the victim is around 15 years and there is no material to conclusively formed any opinion with regard to the exact age of the victim at this stage coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 02.07.2022, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .
7. Let the applicant Naseer be released on bail in the aforesaid first information report 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:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(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.
Order Date :- 22.7.2024 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to be released on bail in a case involving enticement of a minor under IPC and POCSO.
Whether the absence of the complainant and lack of criminal antecedents justifies the release of the bail applicant.
2 provisions across 2 enactments
Naseer
Pankaj Bhatia
Ashok Kumar Verma
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
