Arjun v. State of U.P. Thru. the Prin. Secy. Deptt. of Home, Lko. and Others

Allahabad HC16 Jan 2024BAIL/371/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed bail to the applicant in a criminal case involving IPC 363, 366, 376, POCSO, and SC/ST Act charges. The court relied on the victim's contradictory 161/164 Cr.P.C. statements regarding her free will to go out and her age being 19 years. Being an innocent first-time offender without a criminal record, the applicant was granted bail on personal bond and two sureties.

What did the court decide?

Applicant released on bail with a personal bond and two reliable sureties of Rs. 25,000/ each subject to standard conditions.

Arjun vs State of U.P. Thru. the Prin. Secy. Deptt. of… — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:4306

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 371 of 2024

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Applicant :- Arjun Opposite Party :- State Of U.P. Thru. The Prin. Secy. Deptt. Of Home, Lko. And Others Counsel for Applicant :- Sheikh Mohammad Ali Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Supplementary Affidavit filed in Court is taken on record.

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Heard learned counsel for the applicant, learned AGA and perused the record. No one appears for the informant despite notice.

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The accused-applicant seeks bail in Case Crime No.242 of 2023 under section 363, 366, 376 IPC and Section 3/4 POCSO Act and section 3(2)(v) SC/ST Act, P.S. Ikauna, District Shravasti.

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Initially a missing person report was lodged. Subsequently, in the statements under sections 161 and 164 Cr.P.C., the victim did not support the prosecution story and stated that she had gone out of her own free will and physical relations were also formed. In the radio-logical report, the age of the victim is, primafacie, assessed at 19 years. The applicant has no criminal history.

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Considering the statement under sections 161 and 164 Cr.P.C., and the radiological age coupled with the fact that the applicant is in jail since 30.09.2023, a case for bail is made out. Thus the bail application is allowed.

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Let the applicant Arjun be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.25000/- (Twenty Five Thousand) each of the like amount 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 :- 16.1.2024

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VNP/-

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Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Arjun v. State of U.P. Thru. the Prin. Secy. Deptt. of Home, Lko. and Others

Case brief

What is this about?

What did the court decide?

Arjun v. State of U.P. Thru. the Prin. Secy. Deptt. of Home, Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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