The High Court enlarged the applicant on bail in a bail application filed challenging a lower court order. The applicant contended false implication and consensual relationship. The court found merit in submissions and allowed bail with conditions.
Applicant to be released on bail by furnishing a personal bond and two sureties under specified conditions.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6823 of 2022
Applicant :- Rahul Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Deepak Rana,Sikandar Khan Counsel for Opposite Party :- G.A.,Ashok Kumar Singh
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 316 of 2021 at Police Station Bahadurgarh, District Hapur under Sections 363, 376 IPC and Section 3/4 POCSO Act. The applicant is in jail since 23.12.2021.
The bail application of the applicant was rejected by learned Additional District & Sessions Judge/Special Judge (POCSO Act), Hapur, on 18.01.2022.
Sri Deepak Rana, learned counsel for the applicant contend that the applicant has been falsely implicated in the instant case. As per the prosecution case set out in the FIR as well in the statement the age of the victim is about 17 years. The victim in her statement under Section 161 Cr.P.C. has asserted that she is 17 years of age. The victim is in fact a major. No medical examination to determine the correct age as per duly established medical protocol was got done by expert doctors from a reputed institute as the same would discredit the prosecution case. The applicant and the victim were intimate. Their consensual relationship was opposed by the family members of the victim. The FIR is a result of such opposition and the criminal
prosecution is intended to create a breach in their relationship. The victim in her statement under Section 164 Cr.P.C. has admitted to relationship of the applicant. She has further asserted that she left her house of her own volition and went to Delhi. She called the applicant to Delhi and got married to him of her own free will. Their marriage has been consummated and the two have been residing as married couple. No allegation of rape or forceful assault or abduction has been made by the victim against the applicant. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case.
Learned AGA for the State and Sri Ashok Kumar Singh, learned counsel for the informant could not satisfactorily dispute the aforesaid submissions.
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.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Rahul 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 conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(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.
In case any averment made in the bail application or the submissions during the course of argument are found to be false or in case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 20.7.2022 Pravin
Digitally signed by PRAVIN VERMA Date: 2022.07.21 10:40:17 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail in a case involving alleged offences under POCSO and IPC.
Rahul
State Of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
