Allowed

Ram Naresh v. State of U.P. Thru. Prin. Secy. Hme Lko and 3 Others

Allahabad HC26 Sept 2024BAIL/10187/2024

Case brief

AI extract

What is this about?

In a criminal bail application, the Allahabad High Court (Lucknow Bench) allowed the release of the applicant, a person charged with IPC offences and POCSO sections, on the grounds that there was no specific rape allegation against him and he had no prior criminal record.

What did the court decide?

Applicant released on bail on personal bonds and two sureties of Rs.20,000/- each.

Ram Naresh vs State of U.P. Thru. Prin. Secy. Hme Lko and… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:66748

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10187 of 2024

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Applicant :- Ram Naresh Opposite Party :- State Of U.P. Thru. Prin. Secy. Hme Lko And 3 Others Counsel for Applicant :- Akashdeep 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 Sri Amit Singh, who has filed Vakalatnama on behalf of the complainant and perused the record. The Vakalatnama is taken on record.

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2 . The applicant seeks enlargement on bail in FIR No.359 of 2024, under Sections 323, 363, 366, 366A, 376 IPC and Sections 3/4 and 17/18 of POCSO Act, Police Station Mohammadi, District Kheri.

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3 . The FIR in question was lodged as a missing person report alleging that the daughter of the informant aged about 16 years was enticed by the co-accused Abhishek. Subsequently, in the statement under Section 161 of Cr.P.C., the victim stated that the co-accused had taken her to his home and thereafter wrong was committed to her, however, in the statement under Section 164 of Cr.P.C., she stated that on the date of incident, the coaccused took her at his house and committed wrong. She also stated that the applicant had bolted the door. No allegation of rape was levelled agaisnt the applicant. The tentative age of the victim is 15-16 years.

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

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5. Considering the fact that there is no allegation of rape agaisnt the applicant coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 16.07.2024, 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 Ram Naresh be released on bail in the aforesaid first information report on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following

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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 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 :- 26.9.2024 akverma

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

Ram Naresh v. State of U.P. Thru. Prin. Secy. Hme Lko and 3 Others

Case brief

What is this about?

What did the court decide?

Ram Naresh v. State of U.P. Thru. Prin. Secy. Hme Lko and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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