Allowed

Chetram Lodh @ Jijau v. State of U.P. Thru. Prin. Secy. Deptt. Home Secrt. Lko. and 3 Others

Allahabad HC15 Mar 2023/139/2023

Case brief

AI extract

What is this about?

Criminal court allowed bail to applicant in a case alleging enticement of an 18-year-old, citing lack of criminal history, marriage to the victim, and absence of medical evidence of injury or sexual violence.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties each, subject to conditions not to tamper with evidence, pressure witnesses, and to appear in court.

Chetram Lodh @ Jijau Vs State of U.P. Thru… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 139 of 2023

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Applicant :- Chetram Lodh @ Jijau Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Secrt. Lko. And 3 Others Counsel for Applicant :- Laxmi Verma,Lalit Kumari Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Ms. Laxmi Verma, learned counsel for the applicant, Mr. 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. 142 of 2022, under Sections 363, 366, 376, 342, 323, 506 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012 and Section 3 (2) (V) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, registered at Police Station Nagram, District Lucknow.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.07.2022 alleging that some unknown person had enticed away the informant's daughter aged about 18 years on 11.07.2022.

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In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case, he has no criminal history. It has further been stated in the affidavit that the applicant has married the informant's daughter on 11.07.2022 and two photographs have been annexed with the affidavit to indicate that the applicant has married the informant's daughter.

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In the medico legal examination report of the alleged victim, no mark of injury has been reported on any part of her body and no abnormality has been detected. Although, the victim was referred for radio-logical examination to ascertain her age, a copy of the supplementary medico legal examination report available on record indicates that no finding has been given by the Radiologist regarding the age of the victim. The supplementary medical report states that no evidence of sexual violence has been found as such no definite opinion regarding rape can be given.

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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.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that even in the first information report age of the victim is said to be 18 years and there is nothing on record to refute the aforesaid averment made by the informant himself; that the applicant has married the informant's daughter; that the applicant has no previous criminal history and he is languishing in jail since 18.07.2022 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 Chetram Lodh @ Jijau be released on bail in Case Crime No. 142 of 2022, under Sections 363, 366, 376, 342, 323, 506 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012 and Section 3 (2) (V) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, registered at Police Station Nagram, District Lucknow 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 :- 15.3.2023 Ram.