Allowed

Sohanlal v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC28 Feb 2024BAIL/2058/2024

Case brief

AI extract

What is this about?

The court allowed the bail application of Sohanlal accused in a case involving enticement of a minor. Relying on the victim's statement and intact medical report, the judge granted bail subject to personal and surety bonds and conditions against tampering.

What did the court decide?

The applicant to be released on bail by furnishing a personal bond and two sureties, subject to conditions against tampering and to appear in court.

Sohanlal 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:18074

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Court No. - 27

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2058 of 2024

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Applicant :- Sohanlal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others

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Counsel for Applicant :- Gargi Prakash Misra,Sunita Srivastava

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Gargi Prakash Misra, the learned counsel for the applicant, Sri Gyanendra Singh, the learned A.G.A. for the State as well as Sri Sudhir Kumar Rai, the learned counsel for the opposite party no.2 and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 138 of 2023, under Sections 363, 366, 376 I.P.C. and Section 5(L)/6 of Protection of Children from Sexual Offences Act, registered at Police Station Bihar, District Unnao.

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The aforesaid case has been registered on the basis of F.I.R. lodged on 27.06.2023 against five named persons, including the applicant, stating that the applicant had enticed away the complainant's daughter aged about 15 years in the night of 26/27.06.2023, with the help of the other co-accused persons. The F.I.R further alleges that the complainant's daughter had taken away some cash and jewellery with her.

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In the statement of the victim recorded under Section 161 Cr.P.C as also in her statement recorded under Section 164 Cr.P.C, she stated that she was in love with the applicant and she had gone away with him out of her own free will.

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The medico-legal examination report of the victim mentions absence of any injury on any part of her body and it reports that the hymen is intact.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

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The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

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Keeping in view the aforesaid facts, particularly the statement of the victim and her medico-legal examination report and the fact that the applicant has no criminal history and he is languishing in jail since08.07.2023, without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

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Accordingly, this bail application stands allowed.

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Let the applicant- Sohanlal be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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(Subhash Vidyarthi,J.)

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Order Date :- 28.2.2024 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Sohanlal v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

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Sohanlal v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

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What did the court decide?

What the court decided

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