Allowed

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

Allahabad HC6 May 2024ABAIL/945/2024

Case brief

AI extract

What is this about?

Court allowed anticipatory bail under Section 438 Cr.P.C. in an FIR involving charges under POCSO, kidnapping, and abduction. Bail granted based on the tentative medical age of 18 and victim statements indicating a voluntary relationship and marriage.

What did the court decide?

Anticipatory bail allowed on personal bond with two sureties of Rs. 20,000/- each subject to standard conditions.

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

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Neutral Citation No. - 2024:AHC-LKO:36528

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Court No. - 12

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 945 of 2024

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Applicant :- Rahul Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.,Ankit Mishra,Swati Mishra

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant; Shri Shikhar Srivastava, learned AGA for the State; Shri Ankit Mishra, learned counsel for the informant and perused the record.

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2. The applicant seeks enlargement on anticipatory bail in FIR No.140 of 2024, under Section 363, 366A, 376 IPC & Section 3/4 of POCSO Act, P.S. Khairighat, District Bahraich.

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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 away by the applicant. Subsequently, in the statements under Section 161 & 164 Cr.P.C., the victim stated that she had gone out of her own freewill and had also married the applicant. The tentative medical age of the victim has been ascertained as 18 years.

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4. Learned AGA has opposed the bail application.

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5. Considering the two statements and the medical report on record, a clear case for grant of anticipatory bail is made out. In view thereof, the present application for anticipatory bail is allowed.

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6. In the event of arrest, let the applicant Rahul be released on anticipatory bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of Station House Officer concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings; (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 :- 13.5.2024 nishant

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

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

Case brief

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

Case brief

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What did the court decide?

What the court decided

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