Allowed

Hajari Kuldeep Alias Hajari Kureel v. State of U.P. Thru. Prin. Secy. Home, Govt. U.P. Lucknow and 3 Others

Allahabad HC5 Jan 2024BAIL/35/2024

Case brief

AI extract

What is this about?

Bail application by an applicant charged under Sections 363, 376, 342, 506 IPC and Sections 3/4 POCSO Act after a victim's statements described consensual travel with him on promise of marriage. Court found no criminal history and no risk to trial, allowed bail with standard conditions on bonds of Rs.25,000 each.

What the court decided

AI extract

Hajari Kuldeep Alias Hajari Kureel vs State… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:1339

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35 of 2024

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Applicant :- Hajari Kuldeep Alias Hajari Kureel Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Govt. U.P. Lucknow And 3 Others Counsel for Applicant :- Mohd.Mateen,Dharmendra Kumar Tripathi,Shamsher Yadav Jagrana Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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

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2 . In terms of the F.I.R., a missing persons report was lodged, however, in the statement under Section 161 Cr.P.C and 164 Cr.P.C. the victim stated that the applicant had taken her on a motor-cycle to his home and when the parents of the applicant did not permit them inside the house, then she was taken to the Aunt of the applicant. It was also stated that the applicant had made physical relation with her on the promise that he will marry her, which was refused by the victim. Thereafter the victim was left at a place and she came back. The victim refused to undergo any medical examination. The radiological age prima facie discloses the age of the victim to be 17 years.

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

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4. Considering the statements of the victim to the effect that she had gone on a motor-cycle to the home of the applicant and thereafter to the home of the Aunt and there being no evidence of raising any hue and cry in the intervening journey coupled with the fact that the applicant has no criminal history and there is nothing on record to

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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 .

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5. Let the applicant be released on bail in FIR/ Case Crime No.285 of 2023, under Sections 363, 376, 342, 506 IPC and Section 3/4 POCSO Act, Police Station Laliya, District Balrampur, 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:

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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 :- 5.1.2024 Arun

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

Hajari Kuldeep Alias Hajari Kureel v. State of U.P. Thru. Prin. Secy. Home, Govt. U.P. Lucknow and 3 Others

Case brief

What is this about?

What the court decided

Hajari Kuldeep Alias Hajari Kureel v. State of U.P. Thru. Prin. Secy. Home, Govt. U.P. Lucknow and 3 Others

Case brief

What is this about?

What the court decided

A compact analysis

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