The Court allowed a bail application for an applicant charged with offences under sections 363, 366, 376 IPC and POCSO Act, marking the ends of his statement regarding the nature of the offence and evidence before him.
Released on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35512 of 2022
Applicant :- Rohit @ Rauki Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kuldip Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
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 establishing physical relation with her. Further submitted that victim was major at the time of alleged incident and during medical examination, her age was found above 17 years. She went with the applicant voluntarily without use of any force or pressure on the part of this applicant. In her statement under Section 164 Cr.P.C. the victim has clearly stated that she went with the applicant voluntarily to Kasganj and entered into marriage in a temple thereafter lived as husband and wife from where police arrested them. In this way the victim was major and volunteer and no allegation of rape against this applicant by her, therefore, no offence is made out against him. There is no criminal history against the applicant. He is languishing in jail since 15.3.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA opposed the prayer for bail.
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 willingness 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.
Let the applicant Rohit @ Rauki involved in Case Crime No. 113 of 2022, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, P.S. Sirsaganj, District Firozabad 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 following conditions.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 16.9.2022 A. Singh
Digitally signed by ANURAG SINGH Date: 2022.09.19 17:43:42 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to an accused charged with offences under the POCSO Act and IPC who claims the victim was a major consenting adult.
2 provisions across 2 enactments
Rohit @ Rauki
Hon'ble Subhash Chandra Sharma J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
