Bail application allowed in rape case under IPC and POCSO Act. Court held delay in FIR filing and lack of age proof warrant release.
Released on bail subject to personal bond and 2 sureties of Rs. 25,000 each.
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Neutral Citation No. - 2024:AHC-LKO:7556
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 890 of 2024
Applicant :- Gautam Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. And 3 Others Counsel for Applicant :- Nisha Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
history and there is nothing on record to demonstrate that the applicant if enlarged on bail can adversely affect the trial, the applicant is entitled for the bail. Thus the bail application is allowed.
(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 :- 25.1.2024 VNP/-
Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the delay in filing the FIR and lack of documentary evidence regarding the victim's age establishes a prima facie case for bail.
Whether the applicant's bail would cause prejudice to the investigation or trial proceedings.
Whether the surety bond terms are reasonable in given circumstances.
Gautam
State Of U.P
Pankaj Bhatia
Vishvanath Prasad Shukla
As recorded by the court registry
2 orders share this CNR
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