Allowed

Ashish and Another v. State of Up and 3 Others

Allahabad HC24 Jul 2024ABAIL/7097/2024

Case brief

AI extract

What is this about?

The court granted interim anticipatory bail to the applicants pending the filing of a counter affidavit by the opposite parties. The bail is subject to conditions including availability for court dates and non-interference with witnesses.

What did the court decide?

Interim anticipatory bail granted on furnishing personal bond of Rs. 50,000/- with two sureties each, subject to specified conditions.

Ashish and Another vs State of Up and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7097 of 2024

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Applicant :- Ashish And Another Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Learned A.G.A. submits that notice of the instant application has been served upon the complainant/opposite party no. 2 and opposite party no. 4/Child Welfare Committee, Azamgarh on 21.07.2024. The receiving endorsements produced by the learned A.G.A. are taken on record. However, no one appears on behalf of the said opposite parties nor any counter affidavit has been filed on their behalf.

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Heard counsel for the applicants, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the record.

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The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicants in Complaint Case No. 19 of 2022, under Sections 354, 354Kha, 323, 506, 504 I.P.C. and Section 7/8 of POCSO Act, Police Station- Kandhrapur District- Azamgarh.

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Counsel for the applicants contends that earlier the mother of the applicant no. 1 filed an application under Section 156(3). Pursuant to the order of the concerned court an F.I.R. was lodged against three persons including the brother and mother of the complainant on 17.11.2022, registered as Case Crime No. 272 of 2022, under Sections 354A, 352, 323, 504, 506 I.P.C. In counterblast to the said proceedings, the instant prosecution has been instituted against the applicants. The applicant no. 2 is the cousin brother of the applicant no. 1. No medical report has been annexed along with the complaint. No such incident had occurred. The applicants have no criminal antecedents. It is next submitted that the applicants have apprehension of their arrest and in case, the applicants are released on anticipatory bail, they will not misuse the said liberty.

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5. Matter requires consideration.

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Opposite parties pray for and are granted six weeks' time to file

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counter affidavit. Rejoinder, if any, may be filed within two weeks' thereafter.

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Till the next date of listing, in the event of arrest, the applicants Ashish and Ajay involved in the aforesaid case crime be released on interim anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) the applicants shall make himself available on each date fixed in the matter by the court concerned;

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(ii) the applicants 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 from disclosing such facts to the Court;

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(iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the concerned court.

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In case, the applicants do not co-operate in the proceedings of the trial, this order shall stand automatically recalled/vacated and the applicants shall be taken into custody, forthwith.

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Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

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Place this case in the additional cause on 03.10.2024.

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Order Date :- 5.8.2024 Sachin Mishra

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Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad

Ashish and Another v. State of Up and 3 Others

Case brief

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Ashish and Another v. State of Up and 3 Others

Case brief

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