Allowed

Dular Chand Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Allahabad HC9 Jan 2024BAIL/254/2024

Case brief

AI extract

What is this about?

This court allowed a bail application in a case involving offences under IPC and POCSO where the victim, now around 17, married the applicant and they have a child. The court ordered bail despite the sensitive nature of the charges due to the marriage and child existence.

What did the court decide?

The applicant shall be released on bail upon furnishing personal bonds and two reliable sureties of Rs.20,000/- each.

Dular Chand Yadav vs State of U.P. Thru… — Child Custody and Guardianship | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:27079

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 254 of 2024

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Applicant :- Dular Chand Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.,Mohd. Ateeq Khan

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, Ms. Bhanu Priya, Advocate holding brief of Shri Mohd. Ateeq Khan, learned counsel for the respondent complainant as well as learned A.G.A. and perused the record.

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In terms of the F.I.R., it was stated that some unknown person has enticed away the daughter of the informant. Subsequently, it appears from the record and admitted at the bar that the victim had married with the applicant and was stayed with him having blessed with a child. As per the record, the tentative age of the victim is around 17 years. The applicant is in jail since 30.9.2023 having no criminal history, hence, the applicant may be enlarged on bail.

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

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Considering the fact that the victim has got married with the applicant having blessed with a child coupled with the fact that the applicant is languishing in jail since 30.9.2023 having no criminal antecedents without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, the bail application is allowed.

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Let the applicant Dular Chand Yadav be released on bail in FIR/ Case Crime No.25 of 2023, under Sections 363, 366, 376 I.P.C., Section 3/4 of the POCSO Act, Police Station Pura Qalandar, District Ayodhya on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the 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 :- 2.4.2024/Shukla

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

Dular Chand Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Case brief

What is this about?

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Dular Chand Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Case brief

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