Allowed

Aamin v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and 3 Others

Allahabad HC17 Jan 2024BAIL/520/2024

Case brief

AI extract

What is this about?

The single judge allowed a bail application filed by Aamin accused of offences under IPC and POCSO Act. The court held that since the alleged act is punishable for less than seven years and the applicant has no criminal history, he may be granted bail with sureties.

What did the court decide?

The applicant to be released on bail on furnishing a personal bond and two reliable sureties of Rs.20,000/- each with conditions to attend hearings and not to tamper with evidence.

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

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Neutral Citation No. - 2024:AHC-LKO:39913

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 520 of 2024

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Applicant :- Aamin Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Applicant :- Surya Prakash 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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None appears on behalf of the respondent no.2 despite service of notice.

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Learned counsel for the applicant states that offence under Sections 363, 354(Kha), 323, 506 I.P.C. and Section 9M/10 of POCSO Act alleged to have been committed by the applicant is punishable for a term less than seven years. The applicant is languishing in jail since 4.10.2023 having no criminal history, hence he may be enlarged on bail.

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

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Considering the fact that offence alleged to have been committed by the applicant is punishable for a term less than seven years coupled with the fact that the applicant is languishing in jail since 4.10.2023 having no criminal history, without expressing any opinion on merit, 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 Aamin be released on bail in FIR/ Case Crime No.231 of 2023, under Sections 363, 354(Kha), 323, 506 I.P.C. and Section 9M/10 of the POCSO Act, Police Station Gola, District Lakhimpur Kheri 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 :- 24.5.2024

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Shukla

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

Aamin v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Aamin v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and 3 Others

Case brief

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