Allowed

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

Allahabad HC12 Sept 2024BAIL/9747/2024

Case brief

AI extract

What is this about?

In a bail application for offenses under IPC 363, 366, 376 and POCSO Act, the High Court granted bail considering the victim's statement admitting marriage rather than supporting the prosecution. Conditions imposed include registering the marriage within three months.

What did the court decide?

Applicant released on bail subject to personal bond, two sureties of Rs.20,000 each, and registering the marriage within three months.

Govind vs State of U.P. Thru. Prin. Secy… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:63517

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9747 of 2024

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Applicant :- Govind Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Smriti Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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The accused-applicant seeks bail in Case Crime No.7 of 2024 under sections 363, 366, 376 IPC and section 3/4 POCSO Act, P.S. Pali, District Hardoi.

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In terms of the FIR, a missing person report was lodged alleging that the daughter of the informant aged about 17 years was enticed by some unknown person. In the statement under sections 161 and 164 Cr.P.C., the victim did not support the prosecution story and stated that both of them have married. The applicant also accepts the factum of marriage.

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Considering the two statements not supporting the prosecution story, the applicant who is in custody since 02.03.2024 is entitled for the bail. Thus the bail application is allowed.

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Let the applicant Govind be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the 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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The applicant shall get the marriage registered within a period of three months on being enlarged on bail subject to the consent of the victim.

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In case the applicant resile from his undertaking, the victim would be at liberty to move the bail cancellation application.

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Order Date :- 12.9.2024

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VNP/-

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Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

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

Case brief

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

Case brief

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What did the court decide?

What the court decided

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