Court granted bail to applicant accused of sexual exploitation of a minor and dowry-related crimes. Court held that victim was a consenting adult during conception of the disputed pregnancy, awarding bail without adjudicating merits.
Applicant Aman Singh released on bail by furnishing personal bond and two sureties upon 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.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10697 of 2023
Applicant :- Aman Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashish Bajpayee,Nipun Singh,Vivek Chaubey Counsel for Opposite Party :- G.A.,R.K. Shahi
Hon'ble Sameer Jain,J.
with the victim when she was minor and admittedly when the victim conceived then she was major and with the consent of the victim physical relationship was developed between applicant and victim after settlement of their marriage but unfortunately when she conceived some critical medical problem arose and doctor found that fetus started developing in fallopian tubes and therefore, operation had to be conducted to save her life and after that marriage of the applicant was fixed with the victim but due some dispute arose between both the parties marriage could not be solemnized and on the basis of totally false allegation FIR of the present case was lodged. He further submitted that even from the perusal of the FIR and the statement of the victim recorded during investigation, it appears that she was consenting party and major girl and if fetus started developing in the fallopian tube then applicant cannot be held liable.
physical relationship with her but admittedly when victim attained the age of majority then marriage of both applicant and victim was settled and thereafter before marriage due to sexual relationship with the applicant, victim became pregnant but unfortunately fetus started developing in the fallopian tubes and in medical emergency her ovary had to remove and thereafter it appears that some dispute arose between both the parties and ultimately marriage of the applicant and victim, which was fixed, could not be solemnized, therefore, it appears that it is a case of dispute of non-solemnization of the marriage and victim was consenting party while physical relationship was developed between applicant and her and after attaining the age of majority, she conceived, therefore, in my view applicant is entitled to be released on bail.
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
Order Date :- 20.4.2023
KK Patel
Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to release on bail in a case involving sexual exploitation of a minor and false dowry allegations.
Whether the victim's consent at the time of conception and the medical emergency regarding the ovary removal negate the criminal intent.
Aman Singh
State Of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
