Allowed bail to Lokesh @ Pati in a POCSO/IPC case involving rape and kidnapping charges. The Court found no merit in opposing arguments and permitted release on personal bond and two sureties.
Release on bail on personal bond and two sureties.
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Neutral Citation No. - 2023:AHC:108303
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14807 of 2023
Applicant :- Lokesh @ Pati Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mukesh Kumar Maurya Counsel for Opposite Party :- G.A.,Rajesh Kumar
Hon'ble Mayank Kumar Jain,J.
Heard Sri Vahid Jamal, learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the informant and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 1114 of 2018, under Sections 363, 366, 376 of IPC and Section 3/6 of POCSO Act, Police Station Kowali Nagar, District Etah 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. The victim in her statement under Section 161 Cr.P.C. did not support the prosecution version and stated that she accompanied with the applicant at her own accord. In her statement under Section 164 Cr.P.C. it is stated that she went to the applicant and she had gone with the applicant at her own accord and applicant asked her to go back but she stated that she will die if applicant does not keep her with him. It is submitted that as per the ossification report the age of the victim is determined 17-18 years. It is further submitted that applicant is languishing in jail since 17.10.2022 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 and argued that as per Class 8th certificate, age of the victim is 15 years, therefore, victim was minor at the time of incident.
In rebuttal, learned counsel for the applicant submitted that academic certificate of class 8th is not a conclusive proof of date of birth.
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 Lokesh @ Pati 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
2 issues framed by the court
Whether the applicant has made out a prima facie case for bail given the conflicting statements on victim's age and the Ossification report.
Whether the applicant is liable to be released on bail subject to standard conditions in a POCSO/IPC case.
4 provisions across 2 enactments
Lokesh @ Pati
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
