Accused Birju Harijan filed a bail application in a POCSO case involving IPC offenses. The court granted bail despite the serious nature of the charges, citing the victim's age certificate and admitted love affair as key factors, while issuing standard bail conditions.
Released on bail on furnishing a personal bond and two reliable sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32042 of 2018
Applicant :- Birju Harijan Opposite Party :- State Of U.P. Counsel for Applicant :- Ramesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ramesh Kumar Singh, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Birju Harijan in Case Crime No.127 of 2018, under Sections 363, 366, 323, 376, 504 I.P.C. and 3/4 of The Protection of Children From Sexual Offences Act, Police Station Bansgaon, District-Gorakhpur with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that as per the certificate issued by Chief Medical Officer dated 13.4.2018 based on radiological examination, the victim is aged about 18 years. As per her statement recorded under Section 164 Cr.P.C., admittedly the victim was having love affair with the applicant and had eloped with him and went to Himachal Pradresh. She has also admitted that physical relations were established by the applicant with her consent. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 08.04.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Birju Harijan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 27.8.2018
MN/-
2 issues framed by the court
Whether a father of the victim and accused in a child sexual offence trial should be released on bail.
Whether the consent of the victim regarding the prosecution evidence is sufficient for bail.
2 provisions across 2 enactments
Birju Harijan
State Of U.P.
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
