Allowed

Akhilesh v. State of U.P. Thru. Secy. Home Deptt. Lko. and 3 Others

Allahabad HC4 Jan 2024BAIL/18/2024

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed the bail opposition and allowed Akhilesh to be released on bail for offences under IPC and POCSO Act. The court noted the victim did not fully support the prosecution story and the applicant had no criminal history.

What did the court decide?

Release of applicant Akhilesh on bail by furnishing personal bonds and two sureties of Rs.25,000/- each with specific undertaking conditions.

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

¶1

Neutral Citation No. - 2024:AHC-LKO:1099

¶2

Court No. - 12

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18 of 2024

¶4

Applicant :- Akhilesh Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Farooq Ayoob Counsel for Opposite Party :- G.A.

¶5

Hon'ble Pankaj Bhatia,J.

¶6

Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶7

2 . In terms of the F.I.R., a missing person report was lodged alleging that the daughter of the informant had not returned home, an apprehension was expressed that she was allured away by the applicant and subsequently in the statement of the victim recorded under Section 161 Cr.P.C., the victim deposed that she had gone along with the applicant to Barabanki and she knew the applicant since long and was in love with him. She also stated that they had made sexual relationship out of their own freewill. Similar statement was given by the victim in her statement recorded under Section 164 Cr.P.C.. No allegations were leveled against the applicant, nothing is found in the medical report on record. As regards the age of the victim, the submission of the counsel for the applicant is that the said is to be established after evidence in view of the law laid down in the case of Monish Vs. State of U.P. passed in Criminal Misc. Bail Application No. 55026 of 2021 decided on 09.02.2023.

¶8

3. Learned A.G.A. opposed the bail prayer.

¶9

4. Considering the fact that victim has not supported the prosecution story, the applicant has no criminal history and he is in jail since

¶10

19.11.2023 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 .

¶11

5. Let the applicant Akhilesh be released on bail in FIR/ Case Crime No. 1220 of 2023, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station Kotwali Nagar, 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:

¶12

(a) The applicant shall execute a bond to undertake to attend the hearings;

¶13

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

¶14

(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.

¶15

Order Date :- 4.1.2024 Arun

¶16

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

Akhilesh v. State of U.P. Thru. Secy. Home Deptt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Akhilesh v. State of U.P. Thru. Secy. Home Deptt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Chhotelal Vs State of U.P. Thru. Addl. Chief Secy. Home, Lko. and 3 Others

Dilip and Another Vs State of U.P. Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

Shrawan Alias Gola Vs State of U.P. Thru.Prin.Secy. Home and 3 Others

Islam @ Munna Vs State of U.P. Thru. Secy. Home Civil Sectt. Lko

Ram Bhajan Vs State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko.

Akash Rawat Vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Others