The court allowed bail in a criminal case involving offences under IPC and POCSO. It held it a fit case for bail without commenting on merits, noting the disputable age of the accused victim.
Applicant released on bail by furnishing personal bond and two 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. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19644 of 2019
Applicant :- Vipin Dubey Opposite Party :- State Of U.P. Counsel for Applicant :- Iftakhar Ahmad Counsel for Opposite Party :- G.A.,Manoj Kumar Singh
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
By way of instant bail application, prayer has been made to enlarge the applicant on bail in Case Crime No. 16 of 2019, under Sections 363, 366, 506, 376 of I.P.C. and Section 3/4 of POCSO Act, Police Station - George Town, District - Prayagraj.
As per version of the F.I.R., on 02.01.2019 at about 10.00 A.M., the applicant enticed and took away the prosecutrix, aged about 16 years. First information report in this reference was lodged on 06.01.2019 under Sections 363, 366 of I.P.C. and Section 7/8 of POCSO Act.
Learned counsel for the applicant contended that the prosecutrix is major. She had gone with the applicant on her own sweet will and lived with him for 12 days. Accordingly, no offence is made out against the applicant. He further contended that the applicant is not a history-sheeter and is languishing in jail since 13.01.2019.
Per contra, learned counsel for the informant and A.G.A. opposed the prayer for bail and submitted that as per school certificate, date of birth of the prosecutrix is 01.06.2002. Accordingly, she is minor. However, learned A.G.A. admitted this fact that all the epiphysis of the knee, wrist and elbow joints of the prosecutrix were fused.
The prosecutrix in her statement under Section 164 of Cr.P.C. admitted this fact that the applicant was regularly talking to her. He took her for providing employment. Later on, he administered intoxicated cold drink to the prosecutrix, due to which she became unconscious. She lived with the applicant for about 12 days.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant - Vipin Dubey be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned.
Application stands allowed .
Order Date :- 15.7.2019 I. Batabyal
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving offences under IPC and POCSO where age of prosecutrix is disputed.
Whether fused epiphyses of the prosecutrix indicate minority despite document showing date of birth making her major.
3 provisions across 3 enactments
Vipin Dubey
Umesh Chandra Tripathi
I. Batabyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Umesh Chandra Tripathi and I. Batabyal
Parties & counsel
