Allowed

Akash Nishad v. State of U.P.

Allahabad HC9 May 2022BAIL/8019/2022

Case brief

AI extract

What is this about?

In a bail application regarding offences under IPC sections 363, 363, 376 and POCSO, the court noted conflicting victim statements regarding consent and age. Despite the A.G.A.’s failure to file an affidavit despite notices, the court deemed it a fit case for bail pending a long trial, imposing personal bond and surety conditions without expressing an opinion on the merits.

What did the court decide?

The applicant was released on bail on furnishing personal bond and two sureties in the like amount.

Akash Nishad Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8019 of 2022

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Applicant :- Akash Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Birendra Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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

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The present bail application has been filed by the applicant in Case Crime No. 504 of 2021, under Sections 363, 366, 376 I.P.C. and Section 3/4 Protection of Children from Sexual Offences Act, 2012, Police Station - Chaubeypur, District - Varanasi, with the prayer to enlarge him on bail.

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Learned AGA states that notices have already been served upon the victim and the Child Welfare Committee on 25.2.2022.

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Despite grant of opportunity twice an afÏdavit however has not been filed.

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Considering the fact that the bail application has remained pending for nearly three months, I am not inclined to adjourn the matter any further for such purpose.

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The applicant Akash Nishad claims to have no criminal history and is incarcerated in Jail since 30.11.2021 on account of his implication in the aforesaid case, as per which, he has enticed the victim aged 15 years and subsequently offence under Section 376 has been added on the statement of the victim.

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Learned counsel for the applicant has invited attention of the Court to the statement of the victim under Section 161 Cr.P.C., as per which, she admitted to have been in love with the accused for the last three years and after the family members came to know of it they objected after which she decided to voluntarily marry the accused and had gone with him to Moradabad. In the statement under Section 164 Cr.P.C., however, a separate version surfaces, according to which, an offence under Section 376 I.P.C. was committed after the accused forcibly pulled her while she had gone to attend the nature's call at 10.00 pm in the night. Submission is that the age of the victim is little less than 18 years as per her Aadhaar Card and she has refused to be medically examined. Learned counsel submits that in fact age of the victim is above 18 years and she was a consenting party and plea of offence under Section 376 IPC is nothing but an accusation made due to family pressure.

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It is stated that the trial is not likely to conclude shortly and applicant is incarcerated in Jail since 30.11.2021.

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Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and perusing the material brought on record and that the trial is also likely to take sufÏciently long, without expressing any opinion on merits of the case, prima facie it is a fit case for grant of bail. However, any observation made hereinabove, will not affect the trial of the case.

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Let the applicant- Akash Nishad involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions, which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with prosecution evidence.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 9.5.2022 Ranjeet Sahu

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Digitally signed by RANJEET SAHU Date: 2022.05.10 10:41:12 IST Reason: Location: High Court of Judicature at Allahabad

Akash Nishad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Akash Nishad v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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