Badal v. State of U.P.
Case brief
What is this about?
Criminal Misc. Bail Application filed by Badal regarding charges under IPC 376 and POCSO. Court granted bail noting victim's statement indicated consensual relationship despite age proximity to 17 years.
What did the court decide?
Applicant released on bail by executing personal bond with two sureties, subject to strict conditions regarding trial attendance and non-abuse of bail.
What the court decided
Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13889 of 2018
Applicant :- Badal Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no. 44 of 2018, under Sections 376 IPC and Section 3/4 POCSO Act, P.S. Shimbhawali, District Hapur is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that factually the prosecurix left her parental house on 02.02.2018 but the FIR was registered by the father of the victim on 18.02.2018. She as per her highschool examination and as per medico legal opinion her age comes around 17 years. In 164 Cr.P.C. statement she has candidly refuted the allegation of kidnapping. In 164 Cr.P.C. she stated that she on her own volition and accord she left her house and joined the company of applicant and visit to various places and on her consent the applicant has established the physical relation with her. He lastly submitted that the applicant is in jail since 20.02.2018 is entitled to be enlarged on bail during the pendency of trial.
Per contra learned AGA opposed the prayer for bail but could not dispute the aforementioned facts.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail during the trial given the victim is a 17-year-old consenting party.
Parties & counsel
- applicant
Badal
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/13889/2018
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