Allowed

Kallu v. State of U.P. Thru. Secy. Home U.P. Lko. and Others

Allahabad HC12 May 2023/1019/2023

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Kallu, an accused in a case involving kidnapping, child sexual assault, and atrocities. Noting the change in the victim's statement and her death from heart attack without hospital treatment, the court granted bail subject to conditions.

What did the court decide?

Applicant released on bail on personal bond and two sureties, subject to conditions not to tamper with evidence, not to pressurize witnesses, and to appear in court.

Kallu Vs State of U.P. Thru. Secy. Home U.P. Lko. and… — Caste Atrocities | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:32956

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1019 of 2023

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Applicant :- Kallu

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Opposite Party :- State Of U.P. Thru. Secy. Home U.P. Lko. And Others Counsel for Applicant :- Neeta Tripathi,Ms. Noorous Saba Counsel for Opposite Party :- G.A.,D.P. Dutt Tiwari,D.P.Dutt Tewari, Manoj Kumar Pradhan

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Hon'ble Subhash Vidyarthi,J.

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The applicant has filed a rejoinder affidavit has been filed, which is taken on record.

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Heard Sri Naseem Ahmad, learned counsel for the applicant, and Sri S.N. Goswami, learned Addl. Government Advocate, Sri D.P. Dutt Tiwari, learned counsel for the informant and perused the record.

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By means of the instant application the applicant Kallu S/o Sri Ilyas seeks bail in Case Crime No. 464 of 2021, under sections 363, 366, 368, 341, 376AB, 506, I.P.C., section 5/6, Protection of Children from Sexual Offences (POCSO) Act, 2012, and section 3(1)(da) and 3(2)(v), Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, P.S. Thakurganj, District Lucknow.

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The aforesaid case has been registered on the basis of a First Information Report (F.I.R.) lodged on 04.08.2021 at 19.54 hrs. stating that at about 5 p.m. on 29.07.2021 the applicant had enticed away the informant's younger minor sister.

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The victim was produced before the investigating officer by the informant himself and she stated that she used to talk to the applicant and she had requested her parents to get her married

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to the applicant, but they did not agree and they beat her up and for this reason she had left her home. She categorically stated that the applicant had not asked her to leave her home and she had gone with the applicant out of her own free will.

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In the medico-legal examination report of the victim no injury or sign of use of force was reported on any part of her body. Although the victim was referred for radiological and pathological examination, her ultrasound-examination was conducted, but her X-ray examination for determination of her age was not conducted. In the pathological examination report no spermatozoa was seen in the slides of vaginal smear.

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In the statement of the victim recorded under section 164, Cr.P.C. the victim changed her version and thereafter the investigating officer recorded an additional statement of the victim.

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In the affidavit filed in support of the bail-application it has been stated that the applicant is a 22 year old innocent person. He has been falsely implicated in the present case and he has no criminal history.

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The State has filed a counter affidavit annexing therewith the copies of the material collected during investigation and a copy of the chargesheet.

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The informant has also filed a counter affidavit, wherein it has been stated that the victim has died on 08.09.2022 due to heart-attack.

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It is strange that the victim, who was a minor as per the informant and who was living with the informant and his family since at least 06.08.2021, on which date the informant himself

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had recovered her, died at a young age and prima facie it appears that she was not taken to any hospital for treatment and her dead-body was cremated by the informant and his family members.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the facts that the victim was recovered and produced before the investigating officer by the informant himself; that in her initial statement she stated that she used to talk to the applicant and her family members used to beat her and she had left her home for the aforesaid reason and the applicant had not committed any misdeed; that subsequently the victim resiled from her earlier version; that the applicant is a youngman, having no criminal history and he is languishing in jail 08.08.2021, without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

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Accordingly, this bail application stands allowed .

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Let the applicant Kallu S/o Sri Ilyas be released on bail in the aforesaid Case Crime No. 464 of 2021, under sections 363, 366, 368, 341, 376AB, 506, I.P.C., section 5/6, Protection of Children from Sexual Offences (POCSO) Act, 2012, and section 3(1)(da) and 3(2)(v), Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, P.S. Thakurganj, District Lucknow, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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