Allowed

Ajay Kumar and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Allahabad HC9 Dec 2024BAIL/6204/2024

Case brief

AI extract

What is this about?

Single-judge court allowed bail application filed by accused in a crime involving child labour. Applicants, having no criminal history and languishing in jail since July 28, 2023, were released subject to a personal bond, two sureties, and specific conditions regarding tampering with evidence or witnesses.

What did the court decide?

Released on bail subject to personal bond and two sureties each conditioned against tampering, intimidation, and ensuring court attendance.

Ajay Kumar and Another Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:81921

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6204 of 2024

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Applicant :- Ajay Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko.

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Counsel for Applicant :- Anil Kumar Mishra,Shabnam Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.296 of 2023, under Section 370 (5) I.P.C., P.S. GRP Charbagh, District-Lucknow.

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In the prosecution case it is alleged that the informant came to know through secret informer that four people are taking seven minor children for child labour in coach No.D4 and S3 of Train No.15279 (Purabiya Express). Information was provided to RPF Charbagh and GRP Control thereafter, bogies D4 and S3 were searched and four people were found with seven minor children who were taking them to Delhi. The minor children have stated that they were going for child labour. The accused have confessed that they were taking children for child labour for consideration of informant they will be paid Rs.5000-6000 per month.

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Learned counsel for applicants submits that applicants have no criminal history. Applicants is languishing in jail since 28.07.2023, statements of mother of victim Nos.1, 2 and 5 are on record which falsified the prosecution story. It is stated therein that children were being sent to their relatives and not for child labour.

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

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicants are languishing in jail since 28.07.2023 having no criminal history, charge-sheet has been filed in this case, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed.

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Let the applicants Ajay Kumar & Rajkishor Kumar be released on bail in aforesaid case crime number subject to their furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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(i) The applicants will not tamper with the evidence during the trial.

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(ii) The applicants will not pressurize/ intimidate the prosecution witness.

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(iii) The applicants 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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(iv) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.

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(vi) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 9.12.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Ajay Kumar and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Case brief

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Ajay Kumar and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Case brief

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