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

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

What the court decided

AI extract

Outcome

Applicant Vikas Rajput to be released on bail in the aforesaid first information report subject to furnishing a personal bond and two reliable sureties of Rs.25,000/- each, with conditions: (a) bond to attend hearings; (b) not to commit any similar offence; (c) not to directly or indirectly induce, threaten or promise any person acquainted with the facts so as to dissuade disclosure to the Court or police, or tamper with evidence.

Issue for consideration

Whether the accused-applicant Vikas Rajput is entitled to be released on bail in Case Crime No. 20 of 2023 (sections 363, 366, 342, 506, 354 (Ka)5 IPC; section 11/12 POCSO Act; sections 3(2)(5), 3(2)5Ka, 3(1)Dha SC/ST Act), P.S. Barra, District Kanpur Nagar.

Court's answer

Prima facie, from the statements, the victim knew the applicant and the other persons sitting in the car and was having relations with co-accused Prince Thakur; accordingly, the offence under section 363 IPC could not be made out.

Ratio / Principle

The offences are punishable with punishment of less than seven years; coupled with the facts that the applicant has no criminal history and has been in jail since 17.01.2023, the applicant is entitled to bail and the bail application is allowed.

Detailed headnote1 paragraphs

Allahabad High Court (Pankaj Bhatia, J.) allowed the bail application of Vikas Rajput in Case Crime No. 20 of 2023, P.S. Barra, District Kanpur Nagar, registered under sections 363, 366, 342, 506, 354 (Ka)5 IPC, section 11/12 of the POCSO Act and sections 3(2)(5), 3(2)5Ka, 3(1)Dha SC/ST Act. The FIR originated as a missing person report. In her section 161 Cr.P.C. statement the victim alleged she was taken in a car by the applicant along with Rishi Pandit, Prince Thakur and Siddarth, with averments under section 376 IPC; in her section 164 Cr.P.C. statement she admitted knowing the applicant and co-accused and alleged only misbehaviour, making no section 376 allegation. Considering the submissions, the Court found prima facie that the victim knew the applicant and the others in the car and had relations with co-accused Prince Thakur, so the offence under section 363 IPC could not be made out; the offences were punishable with imprisonment of less than seven years, the applicant had no criminal history and was in jail since 17.01.2023. Bail was granted on a personal bond and two reliable sureties of Rs.25,000/- each, subject to conditions requiring attendance at hearings, abstention from similar offences, and no inducement, threat, promise or tampering with evidence.

Neutral Citation No. - 2023:AHC:154076

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25809 of 2023

Applicant :- Vikas Rajput Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shubham Srivastava,Raja Kesarwani Counsel for Opposite Party :- G.A.,Alok Kumar Mishra

Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the applicant, learned AGA and perused the record. No one appears for the informant despite notice by the AGA.

The accused-applicant seeks bail in Case Crime No.20 of 2023 under sections 363, 366, 342, 506, 354 (Ka)5 IPC and section 11/12 of POCSO Act and section 3(2)(5), 3(2)5Ka, 3(1)Dha SC/ST Act, P.S. Barra, District Kanpur Nagar.

The FIR in question was lodged as a missing person report. Subsequently, in the statement recorded under section 161 Cr.P.C., the victim stated that three persons came with a Car in which the applicant along with Rishi Pandit, Prince Thakur and Siddarth were sitting in the car. The averments with regard to the commission of the offence under section 376 IPC were made against the said persons. Subsequently, in the statement under section 164 Cr.P.C., she admitted that she knew the applicant and other co-accused, however, in the said statement, she stated that that the applicant misbehaved with her. No allegation of the commission of the offence under section 376 IPC have been made.

The counsel for the applicant argues that admittedly, no offence under sections 363 and 366 IPC is made out as there was no admission of abduction. Admittedly the victim knew the applicant as is clear from the said statement. He further argues that the offence under section 11/12 is punishable with a term up to three years. The applicant has no criminal history and is in jail since 17.01.2023.

Learned AGA opposes the bail application.

Considering the submissions made at the bar, prima facie, from the statement, it is revealed that the victim knew the applicant and other persons sitting in the car, in fact, the victim was having relations with Prince Thakur one of the co-accused sitting in the

car and thus, prima-facie, the offence under section 363 could not be made out, however, the offence are punishable with punishment less than seven years, coupled with the fact that the applicant has no criminal history and is in jail since 17.01.2023, the applicant is entitled for the bail. Thus the bail application is allowed.

Let the applicant Vikas Rajput be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.25000/- each with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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 officer or tamper with the evidence. Order Date :- 2.8.2023

VNP/-

Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad