Allowed

Pavan Upadhyay v. State of Up and 3 Others

Allahabad HC18 Dec 2024NABAIL/10986/2024

Case brief

AI extract

What is this about?

The Court allowed an anticipatory bail application under Section 482 B.N.S.S. 2023 for an army personnel accused in a POCSO case, granting bail till the conclusion of trial upon furnishing a personal bond of Rs. 50,000 with two sureties and adhering to specified conditions.

What did the court decide?

The applicant was released on anticipatory bail till the conclusion of trial on furnishing a personal bond of Rs. 50,000 with two sureties each in the like amount, subject to specific conditions.

Pavan Upadhyay Vs State of Up and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:199851

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Court No. - 69

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10986 of 2024

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Applicant :- Pavan Upadhyay Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Dr. Akhilesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard learned counsel for the applicant, Dr. Akhilesh Kumar as well as learned A.G.A. for the State and perused the material placed on record.

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This application under Section 482 of B.N.S.S., 2023 has been filed seeking anticipatory bail in Case Crime No. 231 of 2024, under Sections 70(2), 127 of B.N.S.S. and Section 3/4 POCSO Act, Police Station- Shamshabad, District-Agra.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case. Learned counsel for the applicant submits that the applicant is not named in the FIR. Specific allegation of committing rape with the victim has been levelled to one Sameer Pathan. The victim in her statement recorded under Section 183 of B.N.S.S. has not made any allegation of causing harm to her against the applicant. The victim has also refused her internal medical examination. The applicant is ex-army personnel and he has no criminal antecedents. The applicant is entitled for anticipatory bail till the conclusion of trial.

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Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, the Court if of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

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In the event of arrest, the applicant- Pavan Upadhyay , involved in the aforesaid case crime be released on anticipatory bail till

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conclusion of trial, on furnishing a personal bond of Rs. 50,000/with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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(i) the applicant shall make himself available on each and every date fixed in the matter by the court concerned;

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(ii) 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;

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(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court.

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In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

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The application stands disposed of.

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Order Date :- 19.12.2024 Anjali

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Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad

Pavan Upadhyay v. State of Up and 3 Others

Case brief

What is this about?

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Pavan Upadhyay v. State of Up and 3 Others

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