Allowed

Surendra Kumar v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and 3 Others

Allahabad HC2 May 2024BAIL/4751/2024

Case brief

AI extract

What is this about?

In a bail application under Sections 363, 366, 376, 506 IPC and POCSO Act, the court allowed bail to the applicant. The court noted the victim's recorded statement did not support the prosecution narrative and no medical test was conducted to ascertain the victim's age. The applicant, having no prior criminal history, was granted bail subject to a personal bond and two sureties.

What did the court decide?

Applicant Surendra Kumar released on bail in Crime No.0104 of 2024 on personal bond and two sureties of Rs.20,000/- each.

Surendra Kumar vs State of U.P. Thru. Prin… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:47580

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4751 of 2024

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Applicant :- Surendra Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And 3 Others Counsel for Applicant :- Shiv Shankar Singh Counsel for Opposite Party :- G.A.,Abhishek Singh,Sudhir Kumar Singh

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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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Counter affidavit filed on behalf of the respondent State is taken on record.

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In terms of the F.I.R., a missing person report was lodged. Subsequently, in the statement under Section 164 Cr.P.C., the victim did not support the prosecution story and stated that she was in love with the applicant and had gone alongwith the applicant on her own free will to Ghaziabad.

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Learned counsel for the applicant argued that from perusal of the statement of the victim recorded under Section 164 Cr.P.C., the victim did not support the prosecution story. No medical was conducted to ascertain the correct age of the victim. Hence, the applicant who is languishing in jail since 19.3.2024 having no criminal history, may be granted bail.

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Learned A.G.A. has opposed the prayer for bail.

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Considering the statement of the victim recorded under Section 164 Cr.P.C. and the fact that no medical was conducted for ascertaining the age of the victim, prima facie a case for bail is made out particularly when the applicant is in custody since 19.3.2024 having no criminal history, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, the bail application is allowed.

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Let the applicant Surendra Kumar be released on bail in FIR/ Case Crime No.0104 of

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2024 under Sections 363, 366, 376, 506 I.P.C., Section 3/4 of POCSO Act, Police Station Dariyabad, District Barabanki on his furnishing a personal bond 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 :- 12.7.2024

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Shukla

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

Surendra Kumar v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and 3 Others

Case brief

What is this about?

What did the court decide?

Surendra Kumar v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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