Prince Singh vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 18152 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:47101
 

 
Court No. - 11
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9066 of 2023
 

 
Applicant :- Prince Singh
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others
 
Counsel for Applicant :- Manoj Kumar Mishra,Arpit Dwivedi,Arun Kumar Chauhan,Utkarsh Misra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

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

2. The FIR in question was lodged alleging that on the false pretext of marriage, the applicant had built physical relationship with the victim for a period of three to four years. A similar statement was also given under Section 164 Cr.P.C.

3. Learned counsel for the applicant argues that the allegations leveled in the FIR and the statement under Section 164 Cr.P.C., prima-facie, reveal that there was a consensual relationship in between the parties. He places reliance on a judgment in the case of Pramod Suryabhan Pawar v. The State of Maharashtra & Anr.; Criminal Appeal No.1165 of 2019 decided on 21.08.2019. He further argues that the applicant has no criminal antecedent and is in custody since 05.04.2023.

4. Learned AGA has opposed the bail application.

5. Considering the law laid down in the case of Pramod Suryabhan Pawar (supra), coupled with the statements on record which do not demonstrate any assault on the victim and the fact that the applicant has no criminal antecedent, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

6. Let the applicant Prince Singh be released on bail in FIR No.0096 of 2023, under Section 323, 376, 506 IPC, Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act & Section 5/6 of POCSO Act, P.S. Mall, District Lucknow Western (Commissionerate) on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of 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 :- 19.7.2023

nishant