Allowed

Ram Janam v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko and Another

Allahabad HC9 Feb 2024BAIL/1507/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the second bail application of Ram Janam in a criminal case involving IPC sections 363, 366, 376, 342, and 506. The court ruled that a clear case for bail existed under Explanation 2 of Section 375 IPC due to long-term cohabitation and the victim's filing for maintenance.

What did the court decide?

Applicant released on bail executing a personal bond with two sureties of Rs. 20,000/- each subject to standard conditions.

Ram Janam 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:13325

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1507 of 2024

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Applicant :- Ram Janam Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko And Another Counsel for Applicant :- Vineet Kumar Chaurasia Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. This is the second bail application of the applicant. The first bail application was dismissed as withdrawn on 18.01.2024.

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2. Heard learned counsel for the applicant, learned AGA and perused the record. None has appeared for respondent no.2 despite notice.

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3. The applicant seeks enlargement on bail in Case Crime No.353 of 2003, under Section 363, 366, 376, 342 & 506 IPC, P.S. Kursi, District Barabanki.

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4. Initially, the FIR in question was lodged as a missing person report stating that the daughter of the informant was enticed away by the applicant who is also brother-in-law of the victim. In the statement under Section 161 Cr.P.C., the victim stated that she had gone and stayed with the applicant for 14 years and wrong was done to her. Similarly, in the statement under Section 164 Cr.P.C., she reiterated that she stayed with the applicant for 14 years. It is also on record that the victim has filed an application under Section 125 Cr.P.C. in the Family Court, Barabanki claiming that she was kept as a wife.

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5. Learned AGA has opposed the bail application.

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6. Considering the statements that the victim stayed with the applicant for 14 years coupled with the fact that the victim herself has filed an application under Section 125 Cr.P.C., a clear case for bail is made out in view of Explanation 2 of Section 375 IPC. As such, the applicant, who is in custody since 08.05.2023 and has no criminal history, is entitled to be enlarged on bail. In view thereof, the application is allowed.

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7. Let the applicant Ram Janam be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following 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 :- 15.2.2024

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nishant

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

Ram Janam v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko and Another

Case brief

What is this about?

What did the court decide?

Ram Janam v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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