Court allowed bail to applicant in a PIL/Crime case involving offences under IPC and POCSO. Court found victim was a major girl (18/19 years) who had married applicant and consensual relations occurred, with false familial reporting.
Released on personal bond and two sureties subject to attending trial, not tampering with witnesses, and no illegal activities.
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Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44571 of 2022
Applicant :- Manish Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vindeshwari Prasad,Anand Kumar Asthana Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No. 196 of 2021, under Sections 363, 366, 376 IPC and Section 3/4 of POCSO Act, Police Station Jahanaganj, District Azamgarh, during pendency of trial.
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.
Learned counsel for the applicant has next submitted that in fact victim is a major girl, aged about 19 years and she had fallen in love with applicant and had already married him on 10.04.2021 and thereafter, visited several places with him and made consensual physical relations with him, however, her family members had lodged false report against the applicant.
Learned counsel for the applicant has next submitted that the victim, in her statement recorded during the course of trial, has stated that as per the High School Certificate, her date of birth is 08.07.2007, which is incorrect and her actual date of birth is 23.04.2002. In fact, her mother while admitting her in school, had ignorantly mentioned her date of birth to be 08.07.2007.
Learned counsel for the applicant has next submitted that even as per the medical report, she has been found to be 18 years of age. Out of their wedlock, victim had also given birth to a child, however unfortunately, the child could not survive.
Learned counsel for the applicant has next submitted that the applicant is in jail since 16.09.2021 and has no criminal history to his credit and has regularly been cooperating in the trial. There is no chance of applicant fleeing away from judicial process or tampering with the
witnesses, as such, he may be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the victim is a major girl, aged about 19 years and she had fallen in love with applicant and had already married him on 10.04.2021 and thereafter, visited several places with him and made consensual physical relations with him and out of their wedlock, even a child was born.
Having considered the rival submissions made by learned counsel for the parties and on perusal of the record, it transpires that the victim is a major girl, aged about 19 years and she had fallen in love with applicant and had already married him on 10.04.2021 and thereafter, visited several places with him and made consensual physical relations with him, however, her family members had lodged false report against the applicant.
The victim, in her statement recorded during the course of trial, though has stated that as per the High School Certificate, her date of birth is 08.07.2007 but the same is incorrect. In fact, her mother had ignorantly written down her age reducing the same at the time of her admission in school. Her actual date of birth is 23.04.2002. As per the medical report also, she has been found to be 18 years of age. Out of their wedlock, the victim has also given birth to a child and is now leading a happy married life. The applicant is in jail since 16.09.2021 and has no criminal history to his credit. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
In view of the aforesaid facts and circumstances, I am of the view that the applicant has made out a case for bail. Let the applicant Manish Kumar be released on bail in the aforesaid case 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:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. The bail application is accordingly allowed. Order Date :- 29.11.2022 Nadim
Digitally signed by NADIM ALAM Date: 2022.11.30 12:23:07 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving offences under Sections 363, 366, 376 IPC and POCSO Act where the victim is a major girl.
Manish Kumar
State of U.P.
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
