Bail application under Sections 363/376 IPC and Sections 3/4 POCSO Act. Victim's Section 161 statement showed she travelled willingly with the applicant; tentative age assessed as 17 years; applicant in custody since 16.05.2024 without prior criminal history.
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Neutral Citation No. - 2024:AHC-LKO:50449
Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8022 of 2024 Applicant :- Anas Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Ashutosh Bajpai Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant, learned AGA and perused the record. None has appeared for respondent no.2 despite notice.
2. The applicant seeks enlargement on bail in FIR No.128 of 2024, under Section 363, 376 IPC & Section 3/4 of POCSO Act, P.S. Sirsiya, District Shravasti.
3. The FIR was lodged as a missing person report alleging that the daughter of the informant was enticed away by the applicant. Subsequently, in the statement under Section 161 Cr.P.C., the victim stated that she had gone alongwith the applicant to Balrampur, thereafter to Lucknow and thereafter to Madhya Pradesh where they stayed together.
4. Learned AGA has opposed the bail application.
5. Considering the said statement coupled with the fact that the tentative age of the victim was assessed as 17 years, the applicant who is in custody since 16.05.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed.
6. Let the applicant Anas Khan 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:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(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.
Order Date :- 25.7.2024 nishant
Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant in custody since 16.05.2024 with no criminal history should be enlarged on bail under Sections 363/376 IPC and Sections 3/4 POCSO Act.
4 provisions across 3 enactments
Anas Khan
State Of U.P. Thru. Prin. Secy. Home Lko
Respondent no.2 (informant)
Respondent nos. 3 and 4
Pankaj Bhatia
As recorded by the court registry
2 orders share this CNR
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