Held that the applicant is entitled to bail due to material contradictions in the victim's recorded age and lack of corroborative medical evidence, leading to the quashing of the impugned order.
The applicant was released on bail by furnishing a personal bond and two sureties in like amount to the satisfaction of the court below.
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:151152
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21087 of 2021
Applicant :- Pawan Hela Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Singh Yadav Counsel for Opposite Party :- G.A.,R.V. Pandey
Hon'ble Ajay Bhanot,J.
Shri Paritosh Kumar Malviya, learned AGA-I contends that the police authorities in compliance of the directions issued by this Court in Criminal Misc. Bail Application No. 46998 of 2020 (Junaid Vs State of U.P. and another) reported at 2021 (6) ADJ 511 and with a view to implement the provisions of POCSO Act, 2012 read with POCSO Rules, 2020, have served the bail application upon the victim/legal guardian as well as upon the CWC.
By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.110 of 2020 at Police Station-Karchhana, District-Prayagraj under Sections 363, 366, 376 IPC and Section 3/4 of the POCSO Act. The applicant is in jail since 01-02-2021.
The bail application of the applicant was rejected by the learned trial court on 10-03-2021.
The following arguments made by Shri Shiv Singh Yadav, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the
applicant for grant of bail:
3.Learned counsel for the applicant contests the age of the victim set out in the prosecution case in light of the judgement of this Court in Monish Vs. State of U.P. and others (Criminal Misc. Bail Application No. 55026 of 2021) and on the following grounds:
(i) There are material contradictions in the age of the victim as recorded in various prosecution documents.
(ii) The age of the victim was incorrectly got registered in the birth certificate as well as in school records by the victim's parents to give her an advantage in life. The school records disclosing her age as 13 years 2 months 14 days.
(iii) The medical report drawn up to determine the age of the victim opines that she is about 17 years of age.
Two submissions are made in regard to the aforesaid medical report. Firstly, the range of error in determining the age is about two years and the same should be read in favour of the applicant at this stage. Secondly, the relevant
scientific criteria as per latest medical protocol which would establish the majority of the victim has been excluded from consideration in the medical report. The medical report is flawed. In fact the victim is a major.
investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Pawan 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 below. The following conditions be imposed in the interest of justice:-
Order Date :- 27.7.2023 pks
Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the bail application of the applicant should be allowed given the contradictions in the victim's age and lack of corroboration.
Whether inconsistencies in FIR and witness statements negate the prosecution case sufficient for bail.
Whether the applicant satisfies bail conditions regarding tampering with evidence or reoffending.
Colour shows how this judgement treated each authority
4 provisions across 3 enactments
Pawan Hela
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ajay Bhanot
Parties & counsel
