Allowed

Bablu Rajbhar @ Bablu v. State of U.P and 3 Others

Allahabad HC5 Apr 2023BAIL/15897/2022

Case brief

AI extract

What is this about?

High Court allowed CRIMINAL MISC. BAIL APPLICATION by the accused in a POCSO and IPC case. The court noted the victim had turned hostile and was found to be a major by ossification test, negating the sexual assault charge. The applicant was released on bail subject to conditions.

What did the court decide?

Release of the applicant on bail in Crime No. 0097 of 2021 by furnishing a personal bond and two sureties.

Bablu Rajbhar @ Bablu Vs State of U.P and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15897 of 2022

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Applicant :- Bablu Rajbhar @ Bablu Opposite Party :- State Of U.P And 3 Others Counsel for Applicant :- Arvind Singh Sengar,Shashi Bhushan Kunwar Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Despite service of notice upon the informant/opposite party no.2, no one has put in appearance on his behalf.

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Heard learned counsel for the applicant as well as learned Additional Government Advocate representing the State.

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The instant bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 0097 of 2021, under Sections 363, 366, 376 of I.P.C. and 3/4 POCSO Act, Police Station- Pakari, DistrictBallia, during the pendency of trial.

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As per the prosecution case in brief, the informant who is the father of the minor victim lodged F.I.R. under Section 363 of I.P.C., on 19.12.2021, against the present applicant Bablu Rajbhar, with the allegations inter-alia that on 16.12.2021, at about 7:00 pm, his minor daughter was enticed away by the applicant. After culmination of investigation charge sheet has been submitted against the applicant under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act.

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The main substratum of argument of learned counsel for the applicant is that vide order dated 22.09.2022, the Chief Medical OfÏcer, Ballia was directed to get the ossification test of the victim conducted, in compliance thereof, x-ray report dated 24.03.2023 of the victim has been produced before this Court, according to which, all epiphysis and right elbow, right wrist, right knee of the victim were found fused and as such she is major. It is next submitted that when victim was examined before the Court as PW-2,

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she has not supported the prosecution case and at the request of the prosecution she has been declared hostile. The copy of the statement of victim recorded before the trial court as PW-2 has been brought on record as Annexure No. 1 to the supplementary afÏdavit. On the strength of aforesaid facts, lastly it is submitted that now there is bleak chance of conviction of applicant in this case, therefore, applicant who is languishing in jail since 24.01.2022 is entitled to be released on bail.

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Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant.

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Having heard learned counsel for the parties and examined the matter in its entirety, I find that the victim has not supported the prosecution case as she has been declared hostile before the trial Court.

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Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed .

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Let the applicant- Bablu Rajbhar @ Bablu , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.

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(ii) That 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 ofÏcer or tamper with the evidence.

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(iii) That after his release, the applicant shall not

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involve in any criminal activity.

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(iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail.

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In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant.

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Order Date :- 5.4.2023 Kashifa

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Digitally signed by :- KASHIFA High Court of Judicature at Allahabad

Bablu Rajbhar @ Bablu v. State of U.P and 3 Others

Case brief

What is this about?

What did the court decide?

Bablu Rajbhar @ Bablu v. State of U.P and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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