Allowed

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

Allahabad HC20 Dec 2022BAIL/34203/2022

Case brief

AI extract

What is this about?

In a criminal bail application, the High Court of Judicature at Allahabad considered the merits of bail for an accused charged under Section 363, 366 IPC and the POCSO Act. The Court found the applicant had made out a case for bail, emphasizing his custody since April and lack of prior record.

What did the court decide?

Applicant Durvesh released on bail by furnishing a personal bond and two local sureties each of the like amount.

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

¶1

Court No. - 75

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34203 of 2022

¶3

Applicant :- Durvesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ambikesh Kumar Sharma Counsel for Opposite Party :- G.A.

¶4

Hon'ble Mrs. Manju Rani Chauhan,J.

¶5

The case is taken up in the revised call.

¶6

Notice upon informant has been served personally as is evident from office report dated 19.12.2022. Service is sufficient. No one has appeared on behalf of the informant to address the Court even in the revised call.

¶7

Heard Mr. Ambikesh Kumar Sharma, learned counsel for the applicant and Mr. Amit Singh Chauhan, learned A.G.A. for the State and perused the material on record.

¶8

The instant bail application has been filed on behalf of the applicant, Durvesh with a prayer to release him on bail in Case Crime No.106 of 2022, under Sections 363, 366, 376 I.P.C. & Section 3/4 POCSO Act, Police Station-Gunnaur, DistrictSambhal at Chandausi, during pendency of trial.

¶9

As per prosecution version, the FIR has been lodged by father of the victim under Sections 363, 366 I.P.C. with the allegation that applicant had enticed away the victim with the help and assistance of other co-accused persons.

¶10

Learned counsel for the applicant submits that the applicant has been implicated in the present case due to ulterior motive. In the statement of the victim before the doctor as well as under Section 161 and 164 Cr.P.C., it is clear that the relationship between applicant and victim were consensual. In her statement recorded under Section 161 Cr.P.C., she has stated that she went along with the applicant on 08.04.2022 on her own sweet will, she stayed with him for several days and she wants to live with the applicant. From the aforesaid, it is clear that victim has traveled so many places with the applicant without raising any alarm or objection and established consensual relationship between two. As per date of birth i.e. 01.03.2006, age of the victim is 16 years. Learned counsel for the applicant further submits that the purpose of POCSO Act is to protect the minor from sexual exploitation and not to criminalize consensual

¶11

romantic relationship. The applicant is languishing in jail since 27.04.2022. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.

¶12

Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

¶13

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶14

Let the applicant- Durvesh involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

¶15

(i) 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.

¶16

(ii) 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 of the Indian Penal Code.

¶17

(iii) 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 of the Indian Penal Code.

¶18

(iv) 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

¶19

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.

¶20

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

¶21

Order Date :- 20.12.2022

¶22

Rahul.

¶23

Digitally signed by RAHUL GOSWAMI Date: 2022.12.22 17:13:19 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

Durvesh 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

Parties & counsel

Coram

Case details

Similar cases

Nurul Hasan Vs State of U.P. and 3 Others

Akhilesh Yadav and Another Vs State of U.P.

Pawan Kumar Vats Vs State of U.P.

Sachin Vs State of U.P.

Sagar Vs State of U.P.

Raju @ Ajay Kumar Vs State of U.P.