The court allowed bail to Pankaj Yadav in a rape case under IPC and POCSO Act. Despite the charge of rape on a minor, the court granted bail subject to detailed conditions regarding appearance, non-interference with witnesses, and presence at trial stages.
Released on bail on furnishing a personal bond and two local sureties of like amount.
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Court No. - 36
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29980 of 2020
Applicant :- Pankaj Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Sri Sanjay Kumar Yadav, Advocate has filed rejoinder affidavit on behalf of the applicant and learned A.G.A. has filed counter affidavit on behalf of the State, which are taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 89 of 2020, under Sections 376, 506 I.P.C. & 3/4 POCSO Act, Police Station Sidhari, District Azamgarh.
Learned counsel for the applicant submits that according to the FIR on 21st June, 2020 applicant enticed away the victim aged about 15 years. In statement under Section 161 Cr.P.C., victim has stated that applicant enticed her and by threatening committed rape upon her. In statement under Section 164 Cr.P.C., victim has stated that on the 28th of the previous month applicant committed forceful act upon her and asked her to marry, on refusal by the victim he threatened to kill her family members and forcefully established physical relationship with her many times. He submits that as per school record, date of birth of the victim is 1st April, 2002 according to which at the time of incident she was major about 18 years. As per medical report, age of the victim has been ascertained above 16 years and below 18 years in which either side variation of two years is possible and favourable to accused will be considered. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 24.06.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that victim in her statement under Sections 161 & 164 Cr.P.C., has levelled allegations of rape
against the applicant.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, radio-logical age of the victim and according to her applicant established physical relationship many times, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Pankaj Yadav involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a
declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 3.12.2020 Israr
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving rape under IPC and POCSO Act.
Whether expiration of the limitation period for the victim's age affects the bail decision.
7 provisions across 3 enactments
Pankaj Yadav
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
