Allowed

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

Allahabad HC7 Aug 2024BAIL/8505/2024

Case brief

AI extract

What is this about?

In a bail application challenging arrest under IPC and POCSO for enticement, the Court observed that the victim later testified they married the applicant and voluntarily left. With no criminal history, bail was granted with conditions to register the marriage and ensure attendance.

What did the court decide?

Released on bail with a personal bond and two sureties of Rs.20,000/- each, subject to conditions.

Bablu vs State of U.P Thru. Prin. Secy… — Child Custody and Guardianship | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:54141

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Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8505 of 2024 Applicant :- Bablu Opposite Party :- State Of U.P Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Pramod Kumar Yadav 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, learned AGA and perused the record.

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2. The applicant seeks enlargement on bail in FIR No.91 of 2024, under Section 363, 366, 376 IPC & Section 3/4 of POCSO Act, P.S. Kotwali, District Unnao.

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3. The FIR in question was lodged as a missing person report alleging that daughter of the informant aged about 15 years was enticed by the applicant. Subsequently, in the statement under Section 161 Cr.P.C., the victim did not support the prosecution story and stated that she had gone out of her own freewill. In the statement under Section 164 Cr.P.C., the victim stated that both of them had married. The tentative age of the victim is around 16 to 18 years.

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4. Learned AGA has opposed the bail application.

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5. Considering the fact that the victim and the applicant have married, the applicant who has no criminal history, is entitled to be enlarged on bail. In view thereof, the application is allowed.

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6. Let the applicant Bablu 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:

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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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7. The applicant shall, however, got the marriage registered within a period of six months after being enlarged on bail.

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Order Date :- 7.8.2024 nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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