Bail application in a case of alleged enticement and rape of a minor girl. The court noted the victim's Section 164 statement that no physical relations or marriage occurred, the applicant's clean criminal history, and custody since 29.12.2023, and allowed bail.
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Neutral Citation No. - 2024:AHC-LKO:46392
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4390 of 2024
Applicant :- Badal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Prashant Kumar, Sudhir Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1 . Counter affidavit filed today is taken on record.
3 . In terms of the FIR a missing person report was lodged alleging that the daughter of the informant was enticed away by the applicant, subsequently in the statement under Section 164 Cr.P.C, the victim stated that she met the applicant after the school, from where both of them went to Azamgarh and thereafter to Delhi. She specifically stated that no physical relations were formed and no marriage was solemnized. In view of the said statement, prima facie, the offence under Section 376 IPC cannot be said to be made out. The tentative age of the victim is around 15 years.
4. Learned A.G.A. opposed the bail prayer.
5. Considering the statement of the victim recorded under Section 164 Cr.P.C, coupled with the fact that the applicant has no criminal history and is in custody since 29.12.2023 and there is nothing on record to 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 .
6. Let the applicant Badal be released on bail in FIR/ Case Crime No. 327 of 2023, under Sections 363, 366, 376 IPC and Section 5-Tha/6 POCSO Act, Police Station Kotwali Tanda, District Ambedkar Nagar, 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 :- 8.7.2024 Arun
Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant was entitled to bail in a case under Sections 363, 366, 376 IPC and POCSO given the victim's Section 164 Cr.P.C statement.
4 provisions across 3 enactments
Badal
State of U.P. thru. Prin. Secy. Home Lko.
3 Others
Pankaj Bhatia
As recorded by the court registry
4 orders share this CNR
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