Criminal Miscellaneous Bail Application allowed. The court granted bail based on the victim's statements indicating voluntary movement and no wrongdoing, noting the applicant's lack of prior record.
Accused released on bail on personal bond and two sureties of Rs.25,000 each.
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Neutral Citation No. - 2024:AHC-LKO:1086
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10 of 2024
Applicant :- Akash Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Others Counsel for Applicant :- Shailendra Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
2. None turned up on behalf of the complainant despite notice.
3 . In terms of the F.I.R., a missing person report was lodged, the name of the applicant was disclosed in the F.I.R. Subsequently, in the statement of the victim recorded under Section 161 Cr.P.C., the victim stated that she had gone along with Akash to Ayodhya. She also stated that nothing wrong was done to her. In the statement of the victim recorded under Section 164 Cr.P.C., she stated that she had gone with Akash to Ayodhya and nothing wrong was done to her. She also expressed willingness to go with the applicant.
4 . In view of the said statements, the submission of the counsel for the applicant is that no allegation of an offence under Section 376 IPC was leveled either in the FIR or in the two statements. The applicant has no criminal history and he is in jail since 12.09.2023.
5. Learned A.G.A. opposed the bail prayer.
6. Considering the two statements of the victim,
wherein she disclosed that she had gone with the applicant out of her own free will and volition and nothing wrong was done to her, more so, when the age of the victim is not yet determined, which is to be done at the time of trial and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .
7. Let the applicant Akash Rawat be released on bail in FIR/ Case Crime No. 0367 of 2023, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station Jaidpur, District Barabanki, on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:
(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
(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.
Order Date :- 4.1.2024 Arun
Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to bail in custodial proceedings involving alleged offences under Sections 363, 366, 376 IPC and POCSO Act given the victim's statements and lack of criminal history.
Whether the victim's under-age status and voluntary statements preclude adverse impact on the trial.
5 provisions across 3 enactments
Akash Rawat
State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Others
Pankaj Bhatia
Arun Kumar
As recorded by the court registry
2 orders share this CNR
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