Allowed

Brijesh Kumar v. State of U.P.

Allahabad HC12 Jul 2022BAIL/11322/2022

Case brief

AI extract

What is this about?

In a bail application regarding an offense under IPC and POCSO, the single judge allowed the bail application holding the applicant entitled to relief after observing that the victim was consenting and the application did not have a criminal history.

What did the court decide?

Bail allowed. Release on personal bond and two sureties subject to conditions not to tamper with evidence, influence witnesses, and appear in court.

Brijesh Kumar Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11322 of 2022

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Applicant :- Brijesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ram Chandra Solanki Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.623 of 2021 at Police Station-Rasulabad, District-Kanpur Dehat under Sections 496, 507, 376(3) IPC and Section 3/4(2) of the POCSO Act. The applicant is in jail since 06.01.2022.

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The bail application of the applicant was rejected by learned Additional District and Sessions Judge, Court No.13/learned Special Judge (POCSO Act), Kanpur Dehat on 14.02.2022.

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Shri Ram Chandra Solanki, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. As per medical report, the age of the victim is about 22 years. The F.I.R. is the result of relationship gone awry. The victim and the applicant were intimate. They had consensual physical relations over the past many years. The applicant never gave a plighted word to marry the victim. The victim never raised any objection or resisted the applicant.

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She was a consenting party at all relevant points in time. The F.I.R. is being leveraged to force the applicant to marry the victim. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case.

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Shri Paritosh Kumar Malviya, learned A.G.A. could not satisfactorily dispute the aforesaid submissions from the record. He, however, does not dispute the fact that the applicant does not have any criminal history apart from this case.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Brijesh Kumar be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court

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on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 12.7.2022 Ashish Tripathi

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Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.07.13 10:13:38 IST Reason: Location: High Court of Judicature at Allahabad

Brijesh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Brijesh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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