The applicant sought bail in a case involving POCSO and IPC offences where he admitted marriage with the victim. The court noted the victim denied allegations in her statement and the applicant lacked criminal history. Bail was granted.
Released on bail on furnishing personal bond and sureties of Rs. 20,000 each.
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:45932
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3028 of 2024
Applicant :- Gurcharan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Applicant :- Om Chandra Sahu,Askari Husain,Kashi Ram Counsel for Opposite Party :- G.A.,Pranshu Maurya
Hon'ble Pankaj Bhatia,J.
Bahraich 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 :-
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(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.
Order Date :- 5.7.2024/Shukla
Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether an applicant with no criminal antecedents, who admits marriage with the victim but denies alleged offences, is entitled to bail.
Whether the victim's statement under Section 164 Cr.P.C. denying allegations supports the grant of bail.
3 provisions across 3 enactments
Gurcharan
State Of U.P.
Pankaj Bhatia
Ashutosh Kumar Shukla
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
