The court allowed bail to Hemant, an applicant falsely implicated in a case involving abduction and rape. Despite opposing arguments citing the prosecutrix's age and medical corroboration, the court found it a fit case for grant without commenting on merits.
Release of Hemant on bail by furnishing a personal bond and two sureties of the like amount.
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21829 of 2019
Applicant :- Hemant Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjeev Kumar Khare Counsel for Opposite Party :- G.A.
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. 0272 of 2018, under Sections 363, 366, 376D, 506 of I.P.C. and Section 4 of POCSO Act, Police Station - Kabrai, District - Mahoba.
As per prosecution version, on 05.11.2018 at about 06.00 P.M., co-accused Kali Charan @ Bauwa and one unknown person abducted the prosecutrix, aged about 15 years in presence of her family members. First information report in this reference was lodged under Sections 363, 366 of I.P.C. and Section 8 of POCSO Act. Later on, after investigation, offence under Section 376D, 506 of I.P.C. and Section 4 of POCSO Act was added.
Learned counsel for the applicant contended that there is no allegation of rape against the applicant. The applicant is not named in the F.I.R. He has been falsely implicated in this case, being friend of co-accused Kali Charan @ Bauwa. As per statement of the prosecutrix under Section 164 of Cr.P.C., she had gone with the applicant to several places by public vehicle. Even so, she did not raise any alarm. 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 19.03.2019.
Per contra, learned A.G.A. opposed the prayer for bail and submitted that as per school certificate, date of birth of the prosecutrix is 01.07.2001. Accordingly, she is minor and hence, offence is made out against the applicant. He further submitted that medical report corroborates fact of sexual intercourse with the prosecutrix. However, he admitted this fact that as per medical report, age of the prosecutrix is 18 years.
In the statement of prosecutrix under Section 164 of Cr.P.C., it is mentioned by the Magistrate concerned that the prosecutrix is changing her version regularly. In the statement of the
prosecutrix, it is mentioned that the applicant took her to Delhi and Faridabad and kept her there.
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 - Hemant 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 :- 18.7.2019 I. Batabyal
2 issues framed by the court
Whether the applicant ought to be enlarged on bail in a case involving abduction and sexual offences against a minor.
Whether the conflicting versions of the prosecutrix and her version changes affect the bail decision.
2 provisions across 2 enactments
Hemant
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
