Allowed

Umesh Gupta v. State of U.P Thru. Secy. Home Deptt. Civil Secrt. Lko. and 3 Others

Allahabad HC8 May 2024BAIL/4986/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed bail to the applicant accused under IPC 376, POCSO, and IT Act. The case involved a sexual act under false promise of marriage with a minor. The court noted no criminal antecedents and absence of physical injuries as reasons for bail.

What did the court decide?

Release on bail by personal bond and two sureties of Rs. 20,000 each with conditions.

Umesh Gupta vs State of U.P Thru. Secy. Home… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:43675

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4986 of 2024

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Applicant :- Umesh Gupta Opposite Party :- State Of U.P Thru. Secy. Home Deptt. Civil Secrt. Lko. And 3 Others Counsel for Applicant :- Kailash Nath Mishra,Rahul Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant and learned A.G.A. for the State.Counter affidavit filed today by the learned A.G.A. is taken on record.

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2. The applicant seeks enlargement on bail in FIR No. 80 of 2024 under Sections 376, 504, 506 I.P.C. and 3/4 of the POCSO Act and 66-B of the I.T. Act, Police Station- Tarabganj, District - Gonda.

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In terms of the F.I.R., it was alleged that daughter of informant aged about 17 years was promised to marry by the applicant and on 27.7.2023, on the pretext of false promise of marriage, the applicant committed wrong on the victim. It was stated that although there was long relationship in between them since long, in the statement under Section 161 Cr.P.C., the victim reiterated the said story and also stated that for he last one year they are in talking term.

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Learned A.G.A. opposes the bail application.

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As the entire case is premised on the basis of physical relationship, which was made on the pretext of false promise of marriage as well as medical report on record does not indicate any injury whatsoever, the applicant, who has no criminal antecedents and is in jail since 21.2.2024 is enlarged on bail. Accordingly, the bail application is allowed.

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6. Let the applicant Umesh Gupta be released on bail in the abovesaid first information report number 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

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hearings;

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(b) The applicant shall not commit any offence similar to the offences 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 :- 20.6.2024 Anuj Si ngh

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Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Umesh Gupta v. State of U.P Thru. Secy. Home Deptt. Civil Secrt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Umesh Gupta v. State of U.P Thru. Secy. Home Deptt. Civil Secrt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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