Shadab v. State of U.P.
Case brief
What is this about?
In a bail application under Sections 363, 376, 323, 506 IPC and POCSO Act, the court found it a fit case for release despite allegations of enticement and age discrepancies regarding the prosecutrix.
What did the court decide?
The applicant is released on bail by furnishing a personal bond and two reliable sureties.
What the court decided
Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21513 of 2019
Applicant :- Shadab Opposite Party :- State of U.P. Counsel for Applicant :- Swati Agrawal Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This bail application has been moved by the applicant who is involved in Case Crime No. 72 of 2019, under Sections 363, 376, 323, 506 I.P.C., and Section 3/4 POCSO Act, Police Station-Dhampur, District-Bijnor.
As per version of the first information report, on 25.2.2019 at about 4:00 AM in the morning, applicant enticed and took away the prosecutrix. Prosecutrix has taken Rs. 30,000/- and some ornaments with her. First information report was lodged on the same day at 1:47 PM under Sections 363, 366 IPC. Later on, during investigation, offence under Section 376 IPC was added.
Learned counsel for the applicant contended that the prosecutrix has gone with the applicant on her own sweet will. She has gone with the applicant at several places by public transport, even so, she has not made any alarm. Accordingly, no offence is made out against the applicant. Learned counsel for the applicant further contended that the prosecutrix is major. As per medical report, epiphysis of wrist joint, knee joint and elbow joint were fused. Accordingly, she is above 18 years. The statement of prosecutrix under Section 164 Cr.P.C., is contrary to the first information report lodged by the informant. Applicant is languishing in jail since 6.4.2019 and he has no criminal antecedent.
Issues for consideration
3 issues framed by the court
Whether the applicant is eligible for bail.
Whether the prosecutrix's age bar at the time of offence is established.
Whether the prosecutrix went with the applicant voluntarily.
Parties & counsel
- applicant
Shadab
Coram
Umesh Chandra Tripathi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/21513/2019
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