Allowed
Manoj Kumar v. State of U.P. and 3 Others
Allahabad HCBAIL/11439/2022
Case brief
from the order text
What is this about?
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
What the court decided
AI extract
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11439 of 2022
Applicant :- Manoj Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pavan Kumar Srivastava,Chandra Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.02 of 2022 at Police Station-Doharighat, District-Mau under Sections 363, 366, 376 and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012. The applicant is in jail since 11.01.2022.
The bail application of the applicant was rejected by the learned Additional District and Sessions Judge/learned Special Judge (POCSO Act), Court No.1, Mau on 28.01.2022.
Shri Chandra Kumar Rai, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The age of the victim is falsely recorded as 16 years in the F.I.R. The victim is in fact a major. Medical examination to determine the correct age of the victim as per the established medical protocol by eminent doctors from a reputed institution was not got done by the prosecution as it would falsify the prosecution case. The applicant and the victim
were intimate. Their consensual relationship was opposed by the family members of the victim. The F.I.R. is the result of the aforesaid opposition. The victim in her statement under Section 164 Cr.P.C. has admitted to intimacy with the applicant. She has further asserted that she got married to the applicant of her own volition. The applicant and the victim consummated their marriage and started residing together as a couple in Delhi. The victim is being threatened by a number of persons for getting married to the applicant. No allegation of rape or forceful assault has been made against the applicant by the victim in either of the statements. Medical evidence to corroborate allegation of rape or forceful assault has not been produced by the prosecution case. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case.
Shri Ashutosh Pandey, learned brief holder 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.
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.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Manoj 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.
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(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.
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 :- 13.7.2022 Ashish Tripathi
Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.07.13 14:22:59 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving POCSO Act charges.
Manoj Kumar
State Of U.P.
Ajay Bhanot
Ashish Tripathi
As recorded by the court registry
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