Criminal Misc. Bail Application No. 25486 of 2022. The applicant, Mukesh @ Rahul, sought bail in a case involving alleged kidnapping, sexual exploitation, and POCSO offenses. The High Court noted discrepancies in the victim's age and alleged consent, holding the application meritorious.
Released on bail furnishing personal bond and two sureties.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25486 of 2022
Applicant :- Mukesh @ Rahul Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rayoof Ali 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. 204 of 2022 at Police Station Khalilabad District Sant Kabir Nagar under Sections 363, 366, 376 IPC and Section 3/4 of POCSO Act. The applicant is in jail since 04.05.2022.
The bail application of the applicant was rejected by learned Additional Sessions Judge/Special Judge (POCSO Act), Sant Kabir Nagar on 31.05.2022.
Shri Rayoof Ali, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The F.I.R incorrectly depicts the age of the victim as 14 years. The medical examination determining the age of the victim opines that she is about 19 years of age. The applicant and the victim were intimate. Their consensual relationship was opposed by the family members of the victim. The F.I.R. is a result of such 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 eloped with the applicant of her own volition and both travelled to different places including Delhi. She got married to the applicant voluntarily. Their marriage has been consummated. No allegations of abduction, rape or forceful assault have been made against the applicant by the victim in her statements. Medical evidence which corroborates the allegation of rape or forceful assault has not been produced by the prosecution. False allegations under the POCSO Act have been made only to ensure the indefinite imprisonment of the applicant. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case.
Learned AGA for the State could not satisfactorily dispute the aforesaid submissions.
I see merit in the submissions of learned counsel for the applicant and accordingly 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- Mukesh @ Rahul 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 below. The following conditions be imposed in the interest of justice:-
(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 any averment made in the bail application or the submissions during the course of argument are found to be false or in case of breach of any of the above condition, the State/prosecution may move an application for cancellation of bail application.
Order Date :- 20.7.2022
Dhananjai
Digitally signed by DHANANJAI Date: 2022.07.21 10:23:16 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail in a POCSO and kidnapping case based on allegations of false implication and consent.
Whether the medical evidence regarding the age of the victim exonerates the applicant.
Whether the applicant's relationship with the victim was consensual and without force.
4 provisions across 4 enactments
Mukesh @ Rahul
State Of U.P.
AJAY BHANOT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
