Allowed

Mohan v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC13 Aug 2024BAIL/8619/2024

Case brief

AI extract

What is this about?

This criminal bail application was filed by Mohan for enlargement of bail in an FIR alleging sexual misconduct. The court observed lack of corroborative material and changed statements by the victim. The applicant, with no criminal history, was granted bail on personal bond and sureties with standard conditions.

What did the court decide?

The applicant Mohan to be released on bail by furnishing a personal bond with two sureties of Rs.20,000/- each.

Mohan vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:55842

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Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8619 of 2024 Applicant :- Mohan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Avnish Kumar Tiwari 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.211 of 2024, under Section 74, 351(2), 351(3), 70(1) of BNS, P.S. Manjhila, District Hardoi.

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3. The FIR in question was lodged alleging that on 01.07.2024, daughter of the informant had gone out of home when the two accused misbehaved with her and on her raising hue and cry, ran away. A similar statement was given under Section 180 BNSS, however, in the statement under Section 183 BNSS, the victim changed her stand and for the first time alleged that both of them had committed wrong on her also. In the medical examination held on 03.07.2024 which was done prior to the recording of the statement under Section 183 BNSS, no injury was observed.

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4. Learned AGA has opposed the bail application.

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5. Considering that there is no material to corroborate the allegation against the applicant and considering the fact that the victim herself has disclosed her age as 18 years, the applicant who is in custody since 07.07.2024 and 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 Mohan 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; (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 :- 13.8.2024 nishant

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

Mohan v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Mohan v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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