Allowed

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

Allahabad HC15 Sept 2022BAIL/32355/2022

Case brief

AI extract

What is this about?

This single judge order allowed a bail application filed by Vikash accused under IPC and POCSO sections involving the sexual exploitation of a major girl. The applicant contested false implication by the informant and highlighted the victim's age and alleged consent.

What did the court decide?

Release on bail by posting a personal bond and two sureties to the satisfaction of the court.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32355 of 2022

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Applicant :- Vikash Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Gaurav Kumar Shukla,Vishveshwar Mani Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,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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It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case for enticing the daughter of the informant and committing rape with her. Further submitted that the victim was major at the time of alleged incident and her age was found to be 18 years in medical examination. As per statement of the victim under Section 164 Cr.P.C. she went with the applicant in a four wheeler then in an auto to bus stand and then by bus, but she did not make any hue and cry. She was taken by this applicant in a house where families were living, but she did not make any complaint about this incident to any one. She lived there for a period of 14 days, thereafter arrested by the police. In this way the victim was willing and consenting party to went with the applicant voluntarily, but under the pressure of her parents she made adverse statement under Section 161 Cr.P.C. Applicant is in jail since 21.10.2021 having no any criminal antecedent. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, the age of the victim and her conduct 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.

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Let the applicant Vikash involved in Case Crime No. 396 of 2021, under Sections 363, 366, 376(3), 368 I.P.C. 5L/6 POCSO Act, Police Station-Parasrampur, District-Basti be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to

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following conditions.

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

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The applicant will not pressurize/ intimidate the prosecution witness.

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

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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.

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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.

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

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Order Date :- 15.9.2022 Sunil Kr. Gupta

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Digitally signed by SUNIL KUMAR GUPTA Date: 2022.09.16 16:08:08 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

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