Allowed

Ankit v. State of U.P. and 3 Others

Allahabad HC13 Jul 2023BAIL/21639/2023

Case brief

AI extract

What is this about?

Application filed for bail under IPC and POCSO sections. Court allowed bail after noting the victim's statement under Section 164 Cr.P.C. indicated she voluntarily went with the applicant without alleging rape or abduction.

What did the court decide?

Applicant released on bail with personal bond and two sureties on conditions to appear in court, not tamper with evidence, and avoid criminal activities.

Ankit Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:138579

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21639 of 2023

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Applicant :- Ankit Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kripa Shanker Yadav,Manish Dev Counsel for Opposite Party :- G.A.,Sudhakar Shukla

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Hon'ble Sameer Jain,J.

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Heard Sri Manish Dev, learned counsel for the applicant; Sri Sudhakar Shukla, learned counsel for the informant and Sri Imran Khan, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 837 of 2022, under Sections 363, 366, 376(3) IPC and 5(L), 6 of POCSO Act, Police Station Ujhani, District Badaun, during pendency of the trial in the court below.

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FIR of the present case was lodged against the applicant and coaccused Ajay under sections 363 and 366 IPC and according to the FIR, applicant with the help of the co-accused enticed away the minor daughter of the informant.

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Learned counsel for the applicant submitted that the entire allegations made against the applicant are totally false and baseless and applicant did not entice away the victim and this fact is evident from her both the statements recorded under sections 161 and 164 Cr.P.C.

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He further submitted that from perusal of the statement of the victim recorded under section 164 Cr.P.C., it appears that she had gone alongwith the applicant according to her own sweet will and applicant did not commit rape with her.

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He further submitted that applicant is having no criminal history and he is in jail in the present matter since 11.12.2022 i.e. for more than seven months, therefore, he may be released on bail.

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Per contra, learned AGA and learned counsel for the informant opposed the prayer for bail and submitted that as per school records, victim was about 15 years old girl and although she in her

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statement recorded under section 161 Cr.P.C. stated that after performing marriage, she started living with applicant as wife but as she was minor her consent is immaterial but both the counsels could not dispute the fact that in her statement recorded under section 164 Cr.P.C., she did not make any allegation of rape against the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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Although, victim appears to be about 15 years old as per school records but neither in the statement recorded under section 161 Cr.P.C. nor in the statement under section 164 Cr.P.C., she made any allegation against the applicant and in her both the statements, she categorically stated that she had gone alongwith the applicant according to her own wish. Although, in her statement recorded under section 161 Cr.P.C. she stated that she had performed marriage with the applicant but in the statement recorded under section 164 Cr.P.C. she did not state the fact of marriage and stated that she had gone according to her own wish alongwith the applicant and applicant did nothing with her.

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Therefore, considering the statement of the victim recorded under section 164 Cr.P.C., in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Ankit, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(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.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the

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prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 13.7.2023

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Ankita

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Ankit v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ankit 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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