Allowed

Aman v. State of U.P. Thru. Prin. Secy. Home, Lko. and 3 Others

Allahabad HC3 Apr 2023/2928/2023

Case brief

AI extract

What is this about?

The High Court, Allahabad Bench, allowed bail in a POCSO case (rape and video recording) involving the applicant. The court noted discrepancies between the FIR and victim/informant statements recorded under sections 161 and 164 CrPC, finding these sufficient for bail without adjudicating merits.

What did the court decide?

The applicant Aman was released on bail on furnishing a personal bond and two sureties, subject to conditions against tampering with evidence or pressurizing witnesses and to appearing in all trial co

Aman 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. - 2928 of 2023

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Applicant :- Aman

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And 3 Others Counsel for Applicant :- Bal Keshwar Srivastava,Masood Ali Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Learned AGA was granted 4 weeks' time for filing a counter affidavit, by means of order 27th of February 2023.

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Shri Jayant Sngh Tomar, learned AGA states that the aforesaid order was communicated to the Superintendent of Police, Ambedkar Nagar, by FAX on 28 of February 2022, but nobody has contacted him for preparation of a counter affidavit.

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In the aforesaid circumstances the Court is left with no other option, but to proceed to decide the bail-application on the basis of the material available on record and with the assistance provided by the learned counsel for the parties.

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Heard Sri Bakeshwar Srivastava, learned counsel for the applicant, and Sri Jayant Singh Tomar, learned Addl. Government Advocate-I, and perused the record.

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By means of the instant application the applicant Aman S/o Madan Lal Nishad seeks bail in Case Crime No. 267 of 2022, under sections 376D, 323, 506, IPC and section 5/6, Protection of Children from Sexual Offences (POCSO) Act, P.S. Kotwali Jalalpur, District Ambedkar Nagar.

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The aforesaid case has been registered on the basis of a first information report (F.I.R.) lodged on 14th of September 2022 against four named accused persons, including the applicant,

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stating that when the informant's minor daughter was returning after easing herself at about 2.15 in the night of 11th of September 2022, all the accused persons present in the way of the informant's daughter, caught hold of her, dragged her to a sugar- cane field and all of them raped her and videographed the incident.

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The informant as also the victim reiterated the F.I.R. version in their statements recorded under section 161, CrPC, but the informant stated that the co-accused Vikas was not involved in the incident. She further stated that a boy was passing by. The accused persons caught hold of him, made him to sit with the victim and prepared a video.

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In the medico-legal examination report of the victim, no external injury has been reported on any part of her body and although vaginal swabs were collected for pathological examination, there is nothing on record to indicate that the applicant has been supported by any pathological examination report.

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In the statement of the victim recorded under section 164, CrPC she did not state anything about preparation of a video of the incident.

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A supplementary affidavit has been filed on behalf of the applicant annexing therewith copies of the statement of the informant and the victim recorded before the Trial Court, which is taken on record. None of the said witnesses has supported the F.I.R. version in their statements recorded before the trial court.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the facts that there are some discrepancies in the F.IR. version and the statements recorded

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under section 161 and 164 CrPC and that the informant and the victim have not supported the F.I.R. version in their statements recorded under section 161 and 164 CrPC, 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 Aman S/o Madan Lal Nishad be released on bail in the aforesaid Case Crime No. 267 of 2022, under sections 376D, 323, 506, IPC and section 5/6, Protection of Children from Sexual Offences (POCSO) Act, P.S. Kotwali Jalalpur, District Ambedkar Nagar, 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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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 :- 3.4.2023 A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Aman v. State of U.P. Thru. Prin. Secy. Home, Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Aman v. State of U.P. Thru. Prin. Secy. Home, Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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