Allowed

Basant @ Raghvendra v. State of U.P. and 3 Others

Allahabad HC16 Nov 2022BAIL/35602/2022

Case brief

AI extract

What is this about?

In a bail application under POCSO and IPC charges for alleged sexual assault on an 18-year-old girl, the High Court of Allahabad granted bail, relying on the victim's statement that the marriage was solemnized consensually post-incident, noting the investigation was complete.

What did the court decide?

Released on bail with personal bond and two sureties, conditional upon attending trial and not tampering with witnesses.

Basant @ Raghvendra Vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

¶1

Court No. - 64

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35602 of 2022

¶3

Applicant :- Basant @ Raghvendra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kamal Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rajiv Gupta,J.

¶5

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

¶6

This bail application has been filed by the applicant seeking bail in Case Crime No. 244 of 2022, under Section 363, 366, 376(3) IPC and Section 3/4(2) of POCSO Act, Police Station Kotwali Orai, District Jalaun, during pendency of trial.

¶7

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.

¶8

Learned counsel for the applicant has next drawn the attention of the Court to the statement of the victim recorded under Sections 161 and 164 CrPC, in which, she has categorically stated that she is 18 years of age and on 18.05.2022 at about 5:00 PM, she had left her house and had gone at her Aunt's house and stayed there for three days and on 21.05.2022, she had reached at her another Aunt's (Mausi) house and made a phone call to the applicant asking him to reach at Mauni Mandir so as to solemnize marriage with him and when the applicant reached there, they have solemnized marriage and now, both are living together as husband and wife. She has further stated that the said marriage has been solemnized voluntarily out of her own free will and consent.

¶9

Learned counsel for the applicant has next submitted that looking to the statement of the victim recorded under Sections 161 and 164 CrPC, the victim appears to be a consensual party and has married the applicant without any coercion and undue influence.

¶10

Learned counsel for the applicant has next submitted that the applicant is in jail since 26.05.2022 and has no criminal history to his credit. In case, the applicant is

¶11

released on bail, he will not misuse the liberty of bail and will co-operate in the trial by all means. The charge-sheet has already been submitted and there is no chance of applicant fleeing away from judicial process or tampering with the evidence, as such, he be released on bail.

¶12

Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the facts mentioned in the FIR and the statement of the victim recorded under Sections 161 and 164 CrPC.

¶13

Having considered the rival submissions made by learned counsel for the parties and from perusal of the record, it is evident that the victim is a major girl, aged about 18 years.

¶14

Looking to the statement of the victim recorded under Sections 161 and 164 CrPC, it appears that the victim is a consensual party and she has already solemnized marriage with the applicant out of her own free will and consent, without any coercion and undue influence and they are leading a happy married life.

¶15

Moreover, the investigation has already been completed and the charge-sheet has also been submitted in the present case. The applicant is in jail since 26.05.2022 and has no criminal history to his credit. There is no chance of applicant fleeing away from judicial process or tampering with the evidence.

¶16

In the backdrop of the aforesaid facts and circumstances, I am of the view that the applicant has made out a case for bail. Let the applicant Basant @ Raghvendra 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:-

¶17

The applicant shall continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

¶18

The applicant shall not tamper with the witnesses.

¶19

The applicant shall not indulge in any illegal activities during the bail period.

¶20

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities

¶21

concerned before they are accepted.

¶22

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

¶23

The bail application is accordingly allowed.

¶24

Order Date :- 16.11.2022 Nadim

¶25

Digitally signed by NADIM ALAM Date: 2022.11.16 17:19:56 IST Reason: Location: High Court of Judicature at Allahabad

Basant @ Raghvendra v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Basant @ Raghvendra 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

Kaptan Singh Vs State of U.P.

Sarfaraz Alam Vs State of U.P.

Somendra Alias Puneet Vs State of U.P.

Imam Husain @ Bhuttu Vs State of U.P.

Devanshu Kumar Maan and 3 Others Vs State of U.P through Secretary Home and Another

Devanshu Kumar Maan and 3 Others Vs State of U.P through Secretary (Home) and Another