Allowed

Ajay Kumar v. State of U.P. and 3 Ors.

Allahabad HC24 May 2023/11960/2021

Case brief

AI extract

What is this about?

This bail application was allowed in a case involving Section 376 IPC and POCSO. The court noted discrepancies in the investigation and witness timelines but granted bail as the applicant had no criminal history and releasing him would not hinder evidence collection.

What did the court decide?

Granted bail with personal bond and two sureties; conditions imposed against tampering with evidence and warrants appearance in court.

Ajay Kumar Vs State of U.P. and 3 Ors. — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:36842

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11960 of 2021 Applicant :- Ajay Kumar Opposite Party :- State Of U.P. And 3 Ors. Counsel for Applicant :- Uma Kant Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Uma Kant Gupta, learned counsel for the applicant, Sri Sriniwas Bajpai, learned A.G.A. for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 137 of 2021, under Section 376 I.P.C. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Gurubuxganj, District Raebareli.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on on 31.03.2021 at 2.25 hrs. stating that when the informant did not find her daughter at her home 30.03.2021, she searched her for hours and ultimately she found her near samtalia, while the applicant was committing misdeed with her. She stated that the incident took place at 2.30 p.m.

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In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she had gone from her home at about 2.30 p.m. on 30.03.2021 to watch D.J.; that the applicant caught hold of her there, took her to a jungle, torn her cloths and raped her.

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In the medico legal examination report of the victim no mark of injury or sign of use of force was reported on the body of the victim. In the pathological examination report presence of spermatozoa or gonococci has not been reported in the vaginal smear.

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In the statement of the victim recorded under Section 164 Cr.P.C. the victim reiterated the F.I.R. version but she stated the time of incident to be 12.30 p.m.

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The F.S.L. report has been filed with the supplementary counter affidavit on behalf of the State, wherein it has been stated that no definite opinion can be given.

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A supplementary affidavit has been filed on behalf of the applicant annexing therewith statements of the informant and the victim recorded by learned trial court.

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In her statement the informant has stated that she had found her daughter at about 1.00-1.30 p.m., however at subsequent stage she stated that her daughter had gone to watch the D.J. at about 1.00-1.30 p.m.

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The victim has stated in her statement that she had gone to watch the D.J. at 8.00 hrs., she had met the applicant there and after watching D.J. she had returned to her home. The applicant had merely caught hold of her hand. She categorically stated that the applicant had not torn her clothes.

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In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

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The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the aforesaid discrepancies in the statements of the informant and the victim recorded at various stages regarding time of the incident and other discrepancies as noted above, coupled with the fact that the statements of the informant and victim have already been

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recorded by learned trial court in case of his release the applicant will not be in a position to influence the witness and that the applicant has no previous criminal history and he is languishing in jail since 01.04.2021 and 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 in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant-Ajay Kumar be released on bail in Case Crime No. 137 of 2021, under Section 376 I.P.C. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Gurubuxganj, District Raebareli. on 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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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 :- 24.5.2023 Ram.

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

Ajay Kumar v. State of U.P. and 3 Ors.

Case brief

What is this about?

What did the court decide?

Ajay Kumar v. State of U.P. and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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