Allowed

Ashok Alias Baba Ashokkumar v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC23 Jul 2024BAIL/4497/2024

Case brief

AI extract

What is this about?

Bail application under Sections 363, 366, 376 IPC and Section 5/6 POCSO Act based on a missing-person report; the victim's Section 164 Cr.P.C. statement said she was in love with the applicant and her tentative age exceeded 16 years. Applicant, in custody since 10.11.2023 with no criminal history, was granted bail.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties of Rs.20,000/- each with conditions.

Ashok Alias Baba Ashokkumar vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:49783

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4497 of 2024

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Applicant :- Ashok Alias Baba Ashokkumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others

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Counsel for Applicant :- Somdutta Singh,Eshan Garg

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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 FIR a missing person report was lodged alleging that the daughter of the informant was enticed away by the applicant, subsequently, in the statement of the victim recorded under Section 164 Cr.P.C., the victim stated that she was in love with the applicant. The tentative age of the victim is more than 16 years.

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

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4. Considering the statement of the victim recorded under Section 164 Cr.P.C. coupled with the fact that the applicant is in custody since 10.11.2023 having no criminal history, is enlarged on bail. Accordingly, the bail application is allowed .

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5. Let the applicant Ashok Alias Baba Ashokkumar be released on bail in FIR/ Case Crime No. 0493 of 2022, under Sections 363, 366, 376 IPC and Section 5/6 POCSO Act, Police Station Zaidpur, District Barabanki, 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 :- 23.7.2024 Arun

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

Ashok Alias Baba Ashokkumar v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

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Ashok Alias Baba Ashokkumar v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

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