Allowed

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

Allahabad HC22 Nov 2022BAIL/27530/2022

Case brief

AI extract

What is this about?

Considered bail application in a POCSO/IPC case involving a major girl. Found prima facie evidence of consensual relationship based on victim's statement and mutual affection. Granted bail on personal bond and sureties with strict conditions regarding court attendance and non-adjournment.

What did the court decide?

Released on bail on personal bond and two reliable sureties subject to conditions to appear in court and not seek adjournments.

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

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27530 of 2022

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Applicant :- Makhanchu Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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

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This bail application has been filed by the applicant seeking bail in Case Crime No. 186 of 2022, under Sections 376(3), 313 IPC and Section 5J(2)/6 of POCSO Act, Police StationChaubeypur, District- Varanasi.

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Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.

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Learned counsel for the applicant has next submitted that the victim is major girl and she had fallen in love with the applicant and as per medical opinion, her age has been found to be 19-20 years. Even from the allegation made in the first information report and the statement of the prosecutrix recorded under Section 164 Cr.P.C., the applicant appears to be a consenting party and she has stated that under the pretext of marriage, the applicant had made physical relations with her and she has also conceived.

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Learned counsel for the applicant has next submitted that the applicant is in jail since 7.5.2022 and has no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial by all means. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, he be released on bail.

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Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the fact that as per the medical opinion, the age of the victim is between 19-20 years and is a major girl and had made consensual physical relations with the applicant and she has even conceived.

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Having considered the rival submissions made by learned counsel for both the parties and on perusal of the record, it is evident that the victim is a major girl aged about 19-20 years and had fallen in love with the applicant and it is alleged that on the pretext of false promise of marriage, the applicant had made consensual physical relations with her and she has even conceived. Looking to the allegation made in the first information report and the statement of the witnesses, prima facie the victim appears to be a consenting party and out of her own free-will and consent had made physical relations with the applicant and has even conceived. Furthermore, the applicant is in jail since 7.5.2022 and has no criminal history to his credit and there is no chance of applicant fleeing away from the judicial process or tampering the evidence. In the backdrop of the aforesaid facts and circumstances, prima facie a case for bail is made out.

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Let the applicant- Makhanchu be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(2). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A IPC.

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(3). In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.

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(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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It is clarified that the observations, if any, made in this order are

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strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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The bail application is accordingly allowed.

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Order Date :- 22.11.2022 KU

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Digitally signed by KALIM UDDIN SIDDIQUI Date: 2022.11.23 17:15:50 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

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