Allowed

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

Allahabad HC23 Jan 2024BAIL/791/2024

Case brief

AI extract

What is this about?

Bail allowed in a POCSO and IPC case due to inordinate delay in lodging the FIR, absence of criminal history, and the applicant's continued custody. The court released the applicant on personal bonds and sureties with standard conditions, without expressing an opinion on merits.

What did the court decide?

Bail allowed in FIR Crime No. 350 of 2023, subject to personal bonds and sureties of Rs. 20,000 each.

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

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Neutral Citation No. - 2024:AHC-LKO:29422

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 791 of 2024

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Applicant :- Pramod Dixit Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Dinesh Chandra Tewari 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. None turned up on behalf of the complainant despite service of notice.

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2 . In terms of the FIR, it was alleged that the applicant, who was the relative of the informant used to come in the house of the informant and formed physical relations with the niece of the informant aged about 14 years, over a span of 5-6 months and on account of which, she became pregnant.

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3 . The counsel for the applicant argues that the FIR in question was lodged after a delay of 5-6 months without there being any explanation. He further argues that there is no document on record to form any view with regard to the age of the victim, the document of educational qualification as relied upon by the learned AGA can not be a valid document as prescribed under the Juvenile Justice Act.

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

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5. Considering the fact that there is an inordinate delay in lodging the FIR coupled with the fact that the applicant has no criminal history and is in custody since 12.08.2023 and there is nothing on record to demonstrate that the applicant if

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enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

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6. Let the applicant Pramod Dixit be released on bail in FIR/ Case Crime No. 350 of 2023, under Sections 376(2)(n), 376(3), 506 IPC and Section 5(1)/6 POCSO Act, Police Station Fakharpur, District Bahraich, 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 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 :- 10.4.2024 Arun

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

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

Case brief

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

Case brief

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What did the court decide?

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