Allowed
Lateef v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others
Allahabad HCBAIL/8978/2024
What the court decided
AI extract
Outcome
Allowed
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Neutral Citation No. - 2024:AHC-LKO:57186
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8978 of 2024
Applicant :- Lateef Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Ankit Kumar Trivedi Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Supplementary affidavit filed today in court is taken on record.
2 . Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. Despite service of notice, no one appeared on behalf of the complainant.
3 . The applicant seeks enlargement on bail in FIR No.200 of 2024, under Section 376AB IPC and Section 5(m)/6 of POCSO Act, Police Station Baddupur, District Barabanki.
4 . In terms of the FIR in question, it was alleged that the daughter of the informant aged about 12 years was enticed on the false pretext of marriage by the applicant and physical relations were formed and now the applicant is refusing to marry. In the statement under Section 161 of Cr.P.C., the victim disclosed her age as 17 years and stated that on the false pretext of marriage physical relations were formed in between them. The medical on record does not corroborate any forceful sexual assault.
5 . The Counsel for the applicant on the basis of instructions states that the applicant is ready and willing to marry subject to the consent of the victim.
6. Learned A.G.A. vehemently opposed the bail prayer.
7. Considering the aforesaid statement of the applicant and the statement of the victim recorded under Section 164 of Cr.P.C. and the fact that physical relations were formed over a substantial span of time in between them coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 25.06.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail
application is allowed .
8. Let the applicant Lateef be released on bail in the aforesaid first information report 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:
(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 :- 22.8.2024 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
2 provisions across 2 enactments
Lateef
State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others
Pankaj Bhatia
As recorded by the court registry
2 orders share this CNR
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