Allowed

Pramod Kumar v. State of U.P. Thru. Secy. Home Lko. and 3 Others

Allahabad HC27 Aug 2024/9103/2024

Case brief

AI extract

What is this about?

This judgment grants bail in a criminal miscellaneous application filed by Pramod Kumar for alleged enticement of a 17-year-old girl under Sections 363, 366, 376 IPC and POCSO Act. The Court allowed the application due to the victim's non-supportive statements and applicant's lack of antecedents.

What did the court decide?

Released on bail on furnishing personal bonds and two sureties of Rs. 20,000/- each.

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

¶1

Neutral Citation No. - 2024:AHC-LKO:58139

¶2

Court No. - 12

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9103 of 2024

¶4

Applicant :- Pramod Kumar Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A.

¶5

Hon'ble Pankaj Bhatia,J.

¶6

Heard learned counsel for the applicant as well as learned A.G.A. and Sri Dilip Kumar Singh Chauhan, who has filed Vakalatnama on behalf of complainant and perused the record. The Vakalatnama is taken on record.

¶7

The applicant seeks enlargement on bail in FIR No.62 of 2024, under Sections 363, 366, 376 IPC and Section 5/6 of POCSO Act, Police Station Sadarpur, District Sitapur.

¶8

In terms of the FIR, a missing person report was lodged alleging that the daughter of the informant aged about 17 years six months was enticed by the applicant. Subsequently, in the statements under Sections 161 and 164 of Cr.P.C., the victim did not support the prosecution story. The tentative age of the victim is around 18-19 years.

¶9

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

¶10

Considering the two statements not supporting the prosecution coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 12.07.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.

¶11

Let the applicant Pramod Kumar 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:

¶12

(a) The applicant shall execute a bond to undertake to attend the hearings;

¶13

(b) The applicant shall not commit any offence similar to the

¶14

offence of which he is accused or suspected of the commission; and

¶15

(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.

¶16

Order Date :- 27.8.2024 akverma

¶17

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

Pramod Kumar v. State of U.P. Thru. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Pramod Kumar v. State of U.P. Thru. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Zaade Vs State of U.P. Thru. Prin. Secy. Deptt. Home Lko

Meraj @ Bablu Vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Riti Ram Vs State of U.P. Thru. Secy. Home. Deptt. Civil. Secy. Lko. and 3 Others

Moin and Another Vs State of U.P. Thru. Prin Secy. Home Lko.

U.P. State Industrial Development Authority,Trans Ganga City,Unnao Thru. Its Senior Project Officer vs Deepak Dwivedi

Pramod Kumar vs State of U.P. Thru. Secy. Home Lko. and 3 Others