This order grants bail to Kandhai Saroj in a criminal acquaintance rape case under IPC and POCSO sections, despite prosecution objections, without dwelling on the merits of the dispute over the prosecutrix's age or voluntariness.
Release of applicant on personal bond and two sureties of like amount.
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22584 of 2019
Applicant :- Kandhai Saroj Opposite Party :- State Of U.P. Counsel for Applicant :- Sharad Kumar Counsel for Opposite Party :- G.A.,Moeezuddin
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. 65 of 2018, under Sections 363, 366, 376 of I.P.C. and Section 5/6 of the POCSO Act, Police Station - Mauaima, District - Allahabad.
As per prosecution version, the prosecutrix aged about 14 years, was missing from her residence on 01.09.2017. First information report was lodged on 10.02.2018 against unknown under Section 363 of I.P.C. Later on, on the basis of statement of the prosecutrix under Section 164 of Cr.P.C., the applicant has been made accused in this case.
Learned counsel for the applicant contended that the prosecutrix is major. As per medical report, her age is about 18 years. She has gone with the applicant voluntarily on her own sweet will. Accordingly, no offence is made out against the applicant. He next contended that as per version of the prosecutrix under Section 164 of Cr.P.C., she had gone with the applicant to several places and lived with him for about 10-12 days. Even so, she did not raise any alarm during the period of her stay with the applicant. The applicant is languishing in jail since 12.04.2019.
Per contra, learned A.G.A. and learned counsel for the informant opposed the prayer for bail and contended that the prosecutrix in her statement under Section 164 of Cr.P.C., supported the version of prosecution.
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 - Kandhai Saroj 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 :- 3.7.2019 I. Batabyal
2 issues framed by the court
Whether the applicant is entitled to bail in charges under Sections 363, 366, 376 IPC and Sections 5/6 of the POCSO Act.
Whether the prosecution witnesses' statements support the conclusion that no offence is made out.
2 provisions across 2 enactments
Kandhai Saroj
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
