In a bail application under CrPC regarding offences under IPC and POCSO involving a minor victim, the High Court allowed the application considering the victim’s statement and the applicant's clean record.
Release of Govind Yadav on bail on personal bond and two surety bonds.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC-LKO:47365
Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1446 of 2023
Applicant :- Govind Yadav Opposite Party :- State Of U.P. Thru. Additional Chief Secy. Home, Lko And Others Counsel for Applicant :- Syed Ahmad Mehdi,Pradeep Kumar Verma
Counsel for Opposite Party :- G.A.,Ali Hasan,Mohammad Alishah Faruqi,Mohd. Suhail
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2 . The FIR in question was lodged as missing person report. Subsequently, in the statements under Sections 161 and 164 of Cr.P.C., the victim did not support the prosecution story and stated that she had gone with the applicant out of her own freewill and had also married with the applicant. The age of the victim as per the medical report is 20 years.
3. Learned A.G.A. vehemently opposed the bail prayer.
4. Considering the statements of the victim and the proof of age, which is on record, coupled with the fact that the applicant is in custody since 30.10.2022 and has no criminal antecedents and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.
5. Accordingly, the bail application is allowed .
6. Let the applicant Govind Yadav be released on bail in FIR/ Case Crime No.451 of 2022, under Sections 363, 366, 376 IPC, Section 3/4(2) of POCSO Act, Police Station Kotwali Rudauli, District Ayodhya on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 19.7.2023 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to bail given the victim’s lack of support for the prosecution story and the applicant’s lack of criminal antecedents.
3 provisions across 3 enactments
Govind Yadav
Pankaj Bhatia
Ashok Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
