Allowed

Khursheed @ Raja Khan v. State of U.P.and 3 Others

Allahabad HC25 Jul 2023BAIL/24937/2023

Case brief

AI extract

What is this about?

This bail application sought release of an applicant accused of enticement of a minor. The Court allowed bail, noting the victim's statements suggested a consensual teenage relationship and possible mature age, while clarifying rulings did not prejudice trial merits.

What did the court decide?

Applicant released on bail upon furnishing a personal bond and two sureties, subject to standard conditions of appearance and conduct.

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

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Neutral Citation No. - 2023:AHC:147472

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24937 of 2023

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Applicant :- Khursheed @ Raja Khan Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.,Abida Syed

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Hon'ble Sameer Jain,J.

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Sri Tanay Kumar, learned AGA for the State apprised the Court that on 31.05.2023 notice has been served upon the informant. Despite service of notice, none appeared on behalf of the informant.

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Heard Sri Rajeev Kumar Singh Parmar, learned counsel for the applicant, Ms. Abida Syed, learned counsel appearing on behalf of High Court Legal Services Committee and Sri Tanay Kumar, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 869 of 2022, under Sections 363, 376 IPC and Section 4(2) POCSO Act, Police Station Roza, District Shahjahanpur during pendency of the trial.

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FIR of the present case was lodged against applicant and two others and according to the FIR applicant and other accused persons have enticed away the minor daughter of the informant aged about 14 years.

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Learned counsel for the applicant submitted that from the statements of the prosecutrix recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. it is apparent that she according to her own wish had gone along with applicant and also performed marriage with him. He further submits that although as per school record, the age of the victim at the time of incident was about 15 years but according to doctor her radiological age was about 16 years, therefore, at this stage, possibility cannot be ruled out that victim might be more than 18 years old.

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He next submits that applicant is also a teenage boy aged about 19 years and applicant and victim both loved each other, therefore,

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applicant may be enlarged on bail.

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Per contra, learned AGA and learned counsel appearing on behalf of High Court Legal Service Committee opposed the prayer for bail and submits that as per school record victim appears to be 15 years old at the time of incident and even her radiological age was around 16 years but could not dispute the fact that victim in her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. did not make any allegation against the applicant and applicant is also 19 years old boy.

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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 as per school record appears to be 15 years old girl and even her radiological age was about 16 years at the time of incident but she in her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. categorically stated that she according to her own wish had gone along with applicant and also performed marriage with him and also loved him.

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From the rejection order, it also reflects that applicant is 19 years old boy, therefore, it appears to be case of teenage love.

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Therefore, considering the facts and circumstances of the case discussed above, 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 - Khursheed @ Raja Khan 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 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 :- 25.7.2023 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Khursheed @ Raja Khan v. State of U.P.and 3 Others

Case brief

What is this about?

What did the court decide?

Khursheed @ Raja Khan 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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