The court allowed the bail application filed by Ashish Pasi in a case involving sections 363, 366 IPC and POCSO. The applicant argued he was falsely implicated and the prosecutrix had consented to cohabitation.
Release of applicant Ashish Pasi on bail by furnishing a personal bond and two sureties with court surveillance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18137 of 2021
Applicant :- Ashish Pasi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Narayan Rai,Raj Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
" Heard learned counsel for the applicant as well as learned AGA for the State.
Issue notice to the opposite party no. 2.
Notice has been accepted by learned AGA on behalf of opposite party no. 1.
Put up this case on 09.09.2021 as fresh before the appropriate Bench.
Order Date :- 22.7.2021 "
Prosecutrix in her statement before Doctor has reiterated her earlier statement under Section 161 Cr.P.C. However, the Doctor, who examined the prosecutrix did not found any sighs of physical injury on the body of prosecutrix. Certain samples were taken from the body of the prosecutrix for pathological examination. However, Supplementary Medico Legal Report of the prosecutirx has not been brought on record. Ultimately, the statement of prosecutrix was recorded under Section 164 Cr.P.C. The same is on record as Annexure-5 to the affidavit. Prosecutrix in her aforesaid statement has reiterated her earlier statement recorded under Section 161 Cr.P.C. However, she stated that she is aged about 15 years and applicant-Ashish Pasi is her uncle.
as unfolded in the F.I.R. It is then contended that since the prosecutrix went away from her house and accompanied the applicant out of her own sweet will, no offence under Sections 363, 366 I.P.C. is made out against applicant. He has also contended that as per statements of prosecutrix recorded under Sections 161/164, it is established that prosecutrix herself accompanied the applicant and solemnized marriage with applicant and lived together as husband and wife for more than one year and one month at Sujalpur, Madhay Pradesh. Thus prosecutrix is a consenting party and no offene under Section 376 (3) I.P.C. is also made out against applicant. Even though on the date of marriage, age of prosecutrix was below 18 years, however, simply on that ground, marriage of prosecutrix with applicant shall not be rendered void as per the provisions of Hindu Marriage Act. It is lastly contended that applicant is in jail since 31.08.2020. Thus he has under-gone almost one year, eight months and three days of incarceration. Applicant is a man of clean antecedents inasmuch as he has no criminal history to his credit except the present one. Charge-sheet has already been submitted therefore the evidence sought to be relied upon by the prosecution against applicant stands crystallised. As such, custodial arrest of applicant is not absolutely necessary during the course of trial. In case applicant is enlarged on bail, he shall not misuse the liberty of bail and shall co-operate with the trial. On the cumulative strength of aforesaid, learned counsel for applicant thus urged that applicant be enlarged on bail.
learned A.G.A. could not dispute the factual and legal submissions urged by learned counsel for applicant.
(i) Applicant will not tamper with prosecution evidence.
(ii) Applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) Applicant will not indulge in any unlawful activities.
(iv) Applicant will not misuse the liberty of bail in any manner whatsoever.
Order Date :- 4.5.2022 YK
Digitally signed by YASHWANT KUMAR Date: 2022.05.04 17:02:35 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant Ashish Pasi should be enlarged on bail pending trial in a case involving abduction and offences under the POCSO Act.
3 provisions across 2 enactments
Ashish Pasi
State of U.P.
Rajeev Misra
Yashvant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
