Allowed

Ajay Verma v. State of U.P. Thru. Prin. Secy. Home Lko

Allahabad HC18 Sept 2024/9913/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application for a first accused charged with abduction and rape. The court granted bail considering the vacant victim statement due to her refusal to undergo examination and the absence of the applicant's criminal antecedents.

What did the court decide?

Released on bail with personal bonds and two sureties of Rs.20,000/- each on furnishing conditions to attend hearings and not tamper with evidence.

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

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Neutral Citation No. - 2024:AHC-LKO:64183

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9913 of 2024

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Applicant :- Ajay Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Ramakar Shukla 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 as well as learned A.G.A. and perused the record.

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2 . The applicant seeks enlargement on bail in FIR No.25 of 2024, under Sections 366, 376, 506 IPC, Police Station Ramganj, District Amethi.

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3 . In terms of the FIR, a missing person report was lodged alleging that the daughter of the informant was enticed by the applicant. Subsequently, in the statement under Section 161 of Cr.P.C., the victim stated that the applicant had taken her after threatened to a different village. In the statement under Section 164 of Cr.P.C., the victim once again reiterated the same version and stated that the applicant had taken her on a motorcycle in a different village and wrong was committed. The victim had refused to undergo medical examination. The tentative age of the victim is around 18 years.

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

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5. Considering the fact that the victim has refused to undergo medical examination; the statement under Section 164 of Cr.P.C. is without any substantive corroboration coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 04.04.2024, 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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6. Let the applicant Ajay Verma 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

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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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Order Date :- 18.9.2024 akverma

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

Ajay Verma v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

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Ajay Verma v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

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