Bail application allowed for Avneesh Kumar in crime involving abduction, kidnapping, aggravated sexual assault, and POCSO offenses. Court satisfied on prima facie grounds including age discrepancies and lack of criminal history.
Application allowed; Applicant released on bail on personal bond and two sureties subject to standard conditions.
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:108225
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10021 of 2023
Applicant :- Avneesh Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A.,Abida Syed
Hon'ble Mayank Kumar Jain,J.
It has been informed by learned AGA that notice upon informant has been served.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 537 of 2022, under Section 363, 366, 376(2)N of IPC and Section 5/6 of POCSO Act, Police Station Nigohi, District Shahjahanpur with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. In her statement under Section 161 Cr.P.C. she clearly stated that she herself call the applicant to accompany with her. Both of them went to Jammu and Kashmir at her own accord and performed marriage in Jammu and Kashmir and lived together as husband and wife. It is submitted that victim refused to undergo for her medical examination. It is further submitted that in her statement under Section 164 Cr.P.C. the victim reiterated her earlier statement. It is also submitted that as per Class 8th certificate date of birth of the victim is 01.01.2007 but it is not a conclusive proof. It is submitted that as per the ossification test report of the victim age of the victim is determined to be 17 years at the time of incident. In this respect, the law is settled that the margin of error in ascertaining the age by radiological examination is two years on either side and hence the possibility of the prosecutrix being major cannot be ruled out.
t It is further submitted that applicant is languishing in jail since 04.12.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Avneesh Kumar in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:
(1). The applicant will not tamper with the prosecution evidence during the trial.
(2). The applicant will not influence any witness.
(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4). 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 to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 18.5.2023 Mohit
Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail can be granted to the applicant accused of Sections 363, 366, 376(2)N IPC and POCSO Act offences.
Whether the applicant has made out a prima facie case for bail considering the nature of allegations and preliminary defenses.
Whether the doubts regarding the age of the prosecutrix affect the prima facie case for bail.
4 provisions across 2 enactments
Avneesh Kumar
State Of U.P.
3 Others
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
