Allowed

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

Allahabad HC6 Jul 2022BAIL/6146/2022

Case brief

AI extract

What is this about?

Single-judge High Court allowed bail to applicant Kamil in POCSO/IPC case. Bench held applicant is entitled to bail noting contradictions in victim's statements and lack of corroboration.

What did the court decide?

Release on personal bond and two sureties; conditions imposed: no tampering with evidence, no influencing witnesses, regular court appearance, no inducement of person acquainted with facts.

Kamil Vs State of U.P. and 3 Others — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6146 of 2022

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Applicant :- Kamil Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Shri Paritosh Kumar Malviya, learned AGA for the State contends that the police authorities in compliance of the directions issued by this Court in Criminal Misc. Bail Application No. 46998 of 2020 (Junaid Vs State of U.P. and another) reported at 2021 (6) ADJ 511 and with a view to implement the provisions of POCSO Act, 2012 read with POCSO Rules, 2020, have served the bail application upon the informant/victim as well as upon the CWC.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 04 of 2022 at Police Station Dhampur District Bijnor under Sections 363, 366, 376(3) IPC and Section 3/4(2) of POCSO Act. The applicant is in jail since 07.01.2022.

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The bail application of the applicant was rejected by learned Additional Sessions Judge/Special Judge(POCSO Act), Bijnor on 28.01.2022.

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Shri Gaurav Kakkar, learned counsel assisted by Shri Raghvendra Prakash, learned counsel for the applicant contends that the applicant has been falsely implicated

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in the instant case. The F.I.R incorrectly depicts the age of the victim as 16 years. The age of the victim as depicted in the school leaving certificate was also falsely recorded by the victim's parents to give her an unfair advantage in life. The victim is infact a major. Medical examination to determine the correct age of the victim as per the established medical protocol by eminent doctors from a reputed institution was not got done by the prosecution as it would falsify the prosecution case.

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Learned AGA on the basis of instructions submits that the victim declined to undergo medical examination for determining of her age.

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The applicant and the victim were intimate. Their consensual relationship was opposed by the family members of the victim. The F.I.R. is a result of such opposition. The victim in her statement under Section 161 Cr.P.C. has admitted to intimacy with the applicant.She has also stated that her family was hell bent on her breaking her relationship with the applicant. The victim has also asserted that she left her house of her own volition with the applicant. No allegation of abduction, rape or forceful assault has been made against the applicant by the victim in her statement. Subsequently, however, a false and aggravated version was given by the victim in her statement under Section 164 Cr.P.C. The statements of the victim insofar as it implicates the applicant are tutored and were made at

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the behest of her parents to deflect attention from her conduct. Material contradictions in the statements of the victim under Sections 161 Cr.P.C. and Section 164 Cr.P.C. as well as the recitals in the F.I.R. discredit the prosecution case. No medical evidence which corroborates the allegation of rape or forceful assault has been produced by the prosecution. False allegations under the POCSO Act have been made only to ensure the indefinite imprisonment of the applicant. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case.

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Shri Paritosh Kumar Malviya, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.

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I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Kamil be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following

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conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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

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(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

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

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Order Date :- 6.7.2022 Dhananjai

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Digitally signed by DHANANJAI Date: 2022.07.11 17:44:48 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

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

Case brief

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