Akshay Kumar vs State Of U.P. Thru. Addl. Chief Secy. ...
2024 Latest Caselaw 2827 ALL

Allahabad High Court

Akshay Kumar vs State Of U.P. Thru. Addl. Chief Secy. ... on 1 February, 2024

Author: Pankaj Bhatia

Bench: Pankaj Bhatia

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:9674
 
Court No. - 12
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2904 of 2023
 

 
Applicant :- Akshay Kumar
 
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. (Home) Lko. And 2 Others
 
Counsel for Applicant :- Sadhu Sharan Chaubey, Abha Srivastava
 
Counsel for Opposite Party :- G.A., Ashish Raman Mishra
 

 
Hon'ble Pankaj Bhatia,J.
 

1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. None turned up on behalf of the informant despite service of notice.

2. In terms of the FIR, it was alleged that on the false pretext of marriage, the applicant had formed physical relations with the daughter of the informant, who was pregnant and was carrying a fetus of seven months. In the statement under Section 161 Cr.P.C. similar statement was recorded by the victim to the effect that on the false pretext of marriage, the applicant had formed physical relations and now the victim was pregnant with a fetus of seven months and the applicant was refusing to marry.

3. In view of the aforesaid, the submission of the counsel for the applicant is that admittedly physical relation were formed around 7 months ago allegedly on the false pretext of marriage. He places reliance on the judgment of the Supreme Court in the Case of Deepak Gulati Versus of State of Haryana, AIR 2013 SC 2071. He further argues that the applicant is still ready and willing to marry the victim on being enlarged on bail.

4. Learned A.G.A. opposed the bail prayer.

5. Considering the law as explained in the case of Deepak Gulati (Supra) coupled with the fact that the applicant has no criminal history and is in custody since 23.10.2022 and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.

6. Let the applicant Akshay Kumar be released on bail in FIR/ Case Crime No. 420 of 2022, under Section 376, 506 IPC and alter Section 5(J)(ii)/6 POCSO Act, Police Station Visheswarganj, District Bahraich, on his furnishing personal bonds and two reliable sureties of Rs.25,000/- 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 :- 1.2.2024

Arun