單人裁決放棄涉及POCSO罪名的保釋申請，准予申請人保釋。誣告方不反對保釋且雙方意圖在結婚年齡結婚。申請人獲准在提供個人保釋及擔保人時獲得釋放。
納塔爾獲准獲得保釋，需提供個人擔保和兩名保人，並遵守關於出席審議和禁止使用保釋自由的條件。
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:85924
Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11729 of 2024 Applicant :- Altaf Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others
Counsel for Applicant :- Mrs.Suniti Sachan,Gangeshwar Pandey,Rashi Sachan
Counsel for Opposite Party :- G.A.,Dhananjai Kumar Tripathi
Hon'ble Rajesh Singh Chauhan,J.
possibility of sexual assault would not be ruled out. Final opinion reserve pending for F.S.L. report. As per medical examination report the hymn of the prosecutrix is old torn. The present applicant is having no criminal history of any kind whatsoever. The charge-sheet has been filed in this case.
the applicant that he shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(v) The applicant shall not leave the country without permission of the Court concerned.
(Rajesh Singh Chauhan, J.)
Order Date :- 19.12.2024 Om
Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant in a POCSO case, where the informant does not oppose bail and the parties intend to marry, is entitled to bail.
Whether the grounds of banality, family support, and undertaking from the applicant justify release on bail despite serious charges.
Colour shows how this judgement treated each authority
N/AReferred
3 provisions across 2 enactments
Altaf
State Of U.P. Thru. Prin. Secy. Home Deptt. Lko
Rajesh Singh Chauhan
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
