Allowed

Pravendra v. State of U.P. and 3 Others

Allahabad HC17 Aug 2022BAIL/26011/2022

Case brief

AI extract

What is this about?

In a bail application, the court considered allegations of kidnapping and rape against the applicant involving a minor. The petitioner argued the victim was major and consented, while the State opposed bail. The court allowed the bail application.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two heavy sureties. Other conditions included not interfering with witnesses or evidence.

Pravendra Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2022)

¶1

Court No. - 71

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26011 of 2022

¶3

Applicant :- Pravendra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Gaurav Kakkar,Shamsher Singh Counsel for Opposite Party :- G.A.,Shyam Murari Upadhyay

¶4

Hon'ble Subhash Chandra Sharma,J.

¶5

Heard Sri Shamsher Singh, learned counsel for the applicant and Sri Shyam Murari Upadhyay, learned counsel fort he complainant as well as learned A.G.A. for the State and perused the record.

¶6

It is submitted that in this case applicant has been falsely implicated for kidnapping the minor daughter of the informant and committing rape with her. Further submitted that at the time of alleged incident the victim was major and she went with the applicant voluntarily as she stated in her statement recorded u/s 164 Cr.P.C. before the Magistrate. No force or violence was used by the applicant against the will of the victim. She also entered into marriage with the applicant before the Marriage Registration Officer. The date of birth of the victim was 01.01.2003 as per the birth certificate issued by the Registrar Birth & Death, Nagar Palika Parishad, Bijnor. In this way, the victim being major and consenting party no offence is made out against the applicant. There is no criminal antecedent against the applicant and he is in jail since 14.04.2022, therefore, requested for bail. In case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.

¶7

Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail and urged that at the time of alleged incident the age of the victim was 17 years & 8 months as per the school leaving certificate of Class III. In this way, she was minor and her consent was immaterial, therefore, he is not entitled for bail.

¶8

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the age of the victim and she being consenting party and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9

Let the applicant Pravendra involved in Case Crime No.89 of

¶10

2022, under Sections 363, 366 & 376 I.P.C. & Section 3/4 POCSO Act & Section 3(2)5 SC/ST Act, Police Station Nahtaur, District Bijnor, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

¶11

The applicant will not tamper with the evidence during the trial.

¶12

The applicant will not pressurize/ intimidate the prosecution witness.

¶13

The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶14

The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

¶15

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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶16

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶17

Order Date :- 17.8.2022 Ashok Gupta

¶18

Digitally signed by ASHOK KUMAR GUPTA Date: 2022.08.22 17:09:58 IST Reason: Location: High Court of Judicature at Allahabad

Pravendra v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Pravendra v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sonu Vs State of U.P.

Ravendra @ Raghvendra Vs State of U.P.

Iliyas Vs State of U.P. and 3 Others

Acchhe Lal Kol Vs State of U.P.and Another

Guddu @ Dasharath Vs State of U.P. and 3 Others

Prem Kumari Vs State of U.P.