Allowed¶8

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

Allahabad HC7 Aug 2024/8505/2024

Case brief

AI extract

What is this about?

Bail granted; POCSO Act Sections 3/4; IPC Sections 363, 366, 376; enticement/kidnapping of minor girl; victim married applicant; Section 161 and Section 164 Cr.P.C. statements; victim did not support prosecution; no criminal history; personal bond with two sureties of Rs.20,000/- each; direction to register marriage within six months; P.S. Kotwali, District Unnao; CRIMINAL MISC. BAIL APPLICATION No. 8505 of 2024; Pankaj Bhatia, J.; 2024:AHC-LKO:54141; order dated 7.8.2024.

What did the court decide?

Applicant Bablu enlarged on bail in FIR No. 91 of 2024 on furnishing a personal bond with two sureties of Rs.20,000/- each, subject to conditions (attending hearings, no similar offence, no inducement/threat/tampering) and a direction to register the marriage within six months. ¶8

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Bablu is entitled to be enlarged on bail in FIR No. 91 of 2024 under Sections 363, 366, 376 IPC and Sections 3/4 of the POCSO Act.

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Court's answer

Considering that the victim and the applicant have married and the applicant has no criminal history, the applicant is entitled to be enlarged on bail.

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Ratio / Principle

The applicant is to be released on bail in the aforesaid FIR on furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of the court concerned, subject to conditions of attending hearings, not committing any similar offence, and not inducing, threatening or tampering with witnesses or evidence.

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Key takeaways

As a further condition, the applicant shall get the marriage registered within a period of six months after being enlarged on bail.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Pankaj Bhatia, J. — Bail application allowed in FIR No. 91 of 2024 (Sections 363, 366, 376 IPC; Sections 3/4 POCSO Act), P.S. Kotwali, District Unnao [Neutral Citation 2024:AHC-LKO:54141]. The FIR began as a missing person report alleging enticement of the informant's daughter aged about 15 years; in her Section 161 Cr.P.C. statement the victim did not support the prosecution story and said she had gone out of her own freewill; in her Section 164 Cr.P.C. statement she stated that both had married; tentative age 16 to 18 years. Holding that the victim and the applicant had married and the applicant had no criminal history, the Court enlarged him on bail on a personal bond with two sureties of Rs.20,000/- each, with usual conditions, and directed that the marriage be registered within six months of enlargement.

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Neutral Citation No. - 2024:AHC-LKO:54141

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Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8505 of 2024 Applicant :- Bablu Opposite Party :- State Of U.P Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Pramod Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant, learned AGA and perused the record.

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2. The applicant seeks enlargement on bail in FIR No.91 of 2024, under Section 363, 366, 376 IPC & Section 3/4 of POCSO Act, P.S. Kotwali, District Unnao.

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3. The FIR in question was lodged as a missing person report alleging that daughter of the informant aged about 15 years was enticed by the applicant. Subsequently, in the statement under Section 161 Cr.P.C., the victim did not support the prosecution story and stated that she had gone out of her own freewill. In the statement under Section 164 Cr.P.C., the victim stated that both of them had married. The tentative age of the victim is around 16 to 18 years.

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4. Learned AGA has opposed the bail application.

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5. Considering the fact that the victim and the applicant have married, the applicant who has no criminal history, is entitled to be enlarged on bail. In view thereof, the application is allowed.

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6. Let the applicant Bablu be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of 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 officer or tamper with the evidence.

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7. The applicant shall, however, got the marriage registered within a period of six months after being enlarged on bail.

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Order Date :- 7.8.2024 nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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