Allowed

Alan Alias Mukesh Saroj v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Allahabad HC15 Jul 2024/6880/2024

Case brief

AI extract

What is this about?

In a bail application regarding alleged offenses under IPC and POCSO, the court allowed the applicant's release on bail considering inconclusive medical reports and lack of prior criminal record.

What did the court decide?

Release on bail with personal bonds and two sureties of Rs. 20,000 each conditioned to attend hearings, no re-offending, and no tampering with evidence.

Alan Alias Mukesh Saroj Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:48029

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6880 of 2024

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Applicant :- Alan Alias Mukesh Saroj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Rajeev Yadav,Dinesh Kumar Counsel for Opposite Party :- G.A.,Santosh Kumar Dubey

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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. None appears on behalf of the informant despite service of notice.

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It is argued by the counsel for the applicant that in terms of the F.I.R., it was alleged that on 15.12.2023, the daughter of the informant was missing from her bed and on search, she could not found. Subsequently victim was found and she stated that applicant committed wrong on her, the similar statement given under Sections 161 & 164 Cr.P.C. The F.I.R. was lodged on 16.12.2023 i.e. immediately after one day of the incident. The medical of the victim was done on the same day i.e. 16.12.2023, wherein no fresh injury was observed on the internal parts of the victim. He submits that applicant is in jail since 22.12.2023 however, he has no criminal history of similar offence.

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

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Considering the medical which was done on the same day not corroborating the allegations and coupled with the fact that tentative age of the victim is around 17 years and also coupled with the further medical opinion which did not find any evidence of sperm etc. in the pathological report collected, applicant is in custody since 22.12.2023 however, he has no criminal history of similar offence 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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Let the applicant- Alan Alias Mukesh Saroj be released on bail in FIR/ Case Crime No.0289 of 2023, under Sections 363, 366, 376(3) IPC and Section 3/4(2) POCSO Act, Police Station Jethwara, District Pratapgarh, 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 15.7.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Alan Alias Mukesh Saroj v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Alan Alias Mukesh Saroj v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Case brief

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What did the court decide?

What the court decided

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