Allowed

Jai Kishan Bharti v. the State of U.P. and Another

Allahabad HC20 Apr 2022BAIL/1353/2022

Case brief

AI extract

What is this about?

The Court allowed a bail application challenging a charge sheet under Section 376D IPC along with other sections including POCSO. The Court found it fit to grant bail despite the gravity of the offences, noting the alleged consensual relationship and lack of specific merit expression in this order.

What did the court decide?

Release on bail upon executing a personal bond and furnishing two sureties each.

Jai Kishan Bharti Vs the State of U.P. and… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 84

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1353 of 2022 Applicant :- Jai Kishan Bharti Opposite Party :- The State Of U.P. And Another Counsel for Applicant :- Ashutosh Yadav,Abhilasha Singh,Shyam Lal Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, the learned A.G.A. and perused the record.

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This is a bail application on behalf of the applicant in connection with Case Crime No.384 of 2021, under Sections 376D, 323, 326, 504 I.P.C. and section 5(g)/6 POCSO Act, Police Station Sarnath, district Varanasi.

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The FIR of this incident was lodged by the alleged victim against the present accused and his maternal uncle. It was alleged that she was trapped by the present accused after promising her that he will marry with her and it was alleged that she was called by the present accused to his house and she was given some intoxicating substance due to which she became unconscious. When she regained consciousness then she found herself at the house of maternal uncle of the present accused and it was further alleged that she was raped by the present accused and when she said that she be sent to Varanasi then she was abused and the maternal uncle of the present accused has burnt her with cigarette. FIR was lodged on 12.8.2012 and no time and date of the incident was mentioned in the FIR. The alleged victim has said that the incident had taken place against her eight months ago which is evident from the statement recorded under section 161 Cr.P.C. which is annexed at page-19 of the paper book.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. Learned counsel for the applicant has submitted that the alleged victim was in consensual relationship with the present accused and she had lived with him of her own sweet-will. Learned counsel for the applicant has further submitted that at the time of alleged incident, the girl was major and her radiological age was found to be 17 years and if two years are added, she would be treated to be major. Learned counsel for the applicant has further submitted that the medical report does not support any forcible rape against her. Learned counsel for the applicant has further submitted that the independent witness at whose house the alleged victim was residing after coming from her house, has

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specifically said that the alleged victim asked about the present accused Jai Kisan Bharti then this witness has scolded the alleged victim not have friendship with the accused. Learned counsel for the applicant has further submitted that the independent witness Priti Mishra has specifically mentioned that she also advised the alleged victim not to meet frequently with the present accused. She submitted that the applicant is languishing in jail since 04.09.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea and has submitted that the girl has specifically nominated the present accused in her statement recorded under section 164 Cr.P.C.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties and considering the fact that the alleged victim was known to the present accused and she has developed love relation with the present accused from Dance Academy where the alleged victim and the present accused used to go , but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant- Jai Kishan Bharti involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court;

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 20.4.2022 AU

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Digitally signed by ADEEB UDDIN Date: 2022.04.21 12:45:59 IST Reason: Location: High Court of Judicature at Allahabad

Jai Kishan Bharti v. the State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Jai Kishan Bharti v. the State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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