Allowed

Rohit Bind v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Others

Allahabad HC21 Jun 2024/99/2024

Case brief

AI extract

What is this about?

High Court allowed bail in a bail application concerning offences under IPC and POCSO Act. The court noted the medical age of the victim (18 years) and her statement not supporting the prosecution story as grounds for granting bail.

What did the court decide?

Applicant released on bail with personal bond and two sureties of Rs.20,000/- each subject to conditions of attendance, no re-offending, and no tampering.

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

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Neutral Citation No. - 2024:AHC-LKO:43890

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 99 of 2024

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Applicant :- Rohit Bind Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Others Counsel for Applicant :- Dilip Mishra 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 and learned A.G.A. for the State.

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2. The applicant seeks enlargement on bail in FIR No. 247 of 2023 under Section 363, 366, 376 (3) I.P.C. and 3/4 of the POCSO Act Police Station- Raniganj, District -Pratapgarh.

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3. In terms of the F.I.R.,a missing person report was lodged alleging that sister of the informant aged about 14 years was enticed away by the applicant. Subsequently, in the statement recorded under Section 161 and 164 the victim did not support the prosecution story and she stated that she had gone with the applicant on her own free will. The medical age of the victim is 18 years. 4. Learned A.G.A. opposes the bail application.

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Considering that statements of the victim for not supporting the prosecution story and the age of the victim, the applicant, who has no criminal antecedents and is in jail since 21.8.2023 is enlarged on bail. Accordingly, the bail application is allowed.

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6. Let the applicant Rohit Bind be released on bail in the abovesaid first information report number 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 offences of which he is accused or suspected of the commission; and

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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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Order Date :- 21.6.2024 Anuj Singh

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Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Rohit Bind v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Others

Case brief

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Rohit Bind v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Others

Case brief

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What did the court decide?

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