Allowed

Vishal Jaiswal v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. and 3 Others

Allahabad HC24 Jun 2024BAIL/4983/2024

Case brief

AI extract

What is this about?

Bail application for alleged kidnapping and rape under IPC Sections 363, 376 and POCSO Sections 3/4. Victim's Section 164 statement showed she left willingly; court granted bail given her age around 17 years, lack of criminal history, and detention since July 2023.

What did the court decide?

Applicant released on bail on personal bond with two sureties of Rs. 20,000/- each with conditions to attend hearings, not commit similar offences, and not tamper with evidence or dissuade witnesses.

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

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Neutral Citation No. - 2024:AHC-LKO:46565

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4983 of 2024

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Applicant :- Vishal Jaiswal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. And 3 Others Counsel for Applicant :- Shailendra Kumar 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, learned AGA and perused the record. None appears for the opposite party no. 2 despite notice.

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The applicant seeks enlargement on bail in Case Crime No. 0231 of 2023, under Sections 363, 376 IPC and 3/4 POCSO Act, registered at Police Station - Dargah Sharif, District - Bahraich.

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The FIR was lodged as a missing person report. Subsequently, however, in the statement recorded under Section 164 Cr.P.C., the victim had stated that she had gone out of her own free will and nobody had enticed her. She also stated that she was unhappy with her mother. The tentative age of the victim is around 17 years. The victim has even refused to undergo medical examination.

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Learned AGA has vehemently opposed the bail application, however, he could not rebut the aforesaid fact.

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Considering the aforesaid statement coupled with the facts that the age of victim is around 17 years, the victim has not supported the prosecution story, the applicant is languishing in jail since 24.07.2023 and has no criminal history, this Court is of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

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Let the applicant Vishal Jaiswal, be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs. 20,000/- each to the satisfaction of 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 :- 8.7.2024 Lokesh Kumar

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[Pankaj Bhatia, J.]

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

Vishal Jaiswal 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?

Vishal Jaiswal 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

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