Allowed

Avaneesh v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Allahabad HC23 Mar 2023/1075/2023

Case brief

AI extract

What is this about?

This bail application under Sections 363, 368, 376 IPC and POCSO was allowed. The court relied on the victim's statement alleging voluntary relationship and marriage, the absence of injury marks, and the applicant's lack of criminal antecedents to grant bail.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties subject to specific conditions of not tampering with evidence and appearing in court.

Avaneesh Vs State of U.P. Thru. Prin. Secy… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1075 of 2023

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Applicant :- Avaneesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Others

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Counsel for Applicant :- Neeraj Sahu Counsel for Opposite Party :- G.A.,Awadhesh Kumar Pal,Awdhesh Kumar Pal

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Hon'ble Subhash Vidyarthi,J.

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Heard Mr. Neeraj Sahu, learned counsel for the applicant, Mr. Sanjay Srivastava, learned A.G.A. for the State and Mr. Bhanu Pratap Singh holding brief of Mr. Awadhesh Kumar Pal, learned counsel for the informant.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.607 of 2021, under Sections 363, 368, 376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kotwali Dehat, District Hardoi.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.09.2021 against a named accused Naimish alleging that the aforesaid named accused had enticed away the informant's minor daughter on 18.09.2021.

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In the statement of the victim recorded under Section 161 Cr.P.C. she stated that she had gone away from her home because her father had scolded her. In the medico legal examination report of the victim, no mark of any injury has been reported on any part of her by and no definite opinion regarding any sexual assault has been given. Upon the radiological examination the victim's age was opined to be 16 years.

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In the statement of the victim recorded under Section 164 Cr.P.C. she stated that she has gone to the applicant out of her own freewill, she married the applicant and the applicant has not committed any misdeed with her.

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In paragraph 20 of the affidavit, filed in support of the bail application it has been stated that after lodging of the instant first information report the victim's brother had lodged another first information report bearing Case Crime No.881 of 2021 and that the applicant has no previous criminal antecedent.

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The learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid aspects of the matter. Learned counsel for the informant has also opposed the bail and he submitted that the victim was not major on the date of the incident.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the alleged victim has categorically stated that she has gone with the applicant out of her own freewill; that she has married the applicant and the applicant has not committed any misdeed with her coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 15.10.2021 and without making any observation, which may affect the merits of the case, I am satisfied that the applicant is entitled to be enlarged on bail in the aforesaid case crime.

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Accordingly, this bail application stands allowed .

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Let the applicant-Avaneesh be released on bail in Case Crime No.607 of 2021, under Sections 363, 368, 376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Kotwali Dehat, District Hardoi on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court

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

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(Subhash Vidyarthi, J.)

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Order Date :- 23.3.2023 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Avaneesh v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Case brief

What is this about?

What did the court decide?

Avaneesh v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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