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

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

What the court decided

AI extract

Outcome

Applicant Pradeep to be released on bail in Case Crime No. 46 of 2022 on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to conditions: (1) not tamper with prosecution evidence during trial; (2) not influence any witness; (3) appear before the trial Court on dates fixed unless personal presence exempted; (4) not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts so as to dissuade him from disclosing such facts; on breach of any condition the prosecution may move this Court for cancellation of bail.

Issue for consideration

Whether the applicant Pradeep should be enlarged on bail in Case Crime No. 46 of 2022 (Sections 363, 366, 376, 342 IPC and Section 3/4 POCSO Act, P.S. Hazratnagar Garh, District Sambhal). +1 more

Court's answer

Considering the entire facts and circumstances, submissions of counsel and nature of evidence, and without expressing any opinion on merits, the Court held that the applicant had made out a case for bail and allowed the bail application.

Ratio / Principle

The Class-5 educational certificate indicating the victim's date of birth as 03.05.2007 should not be treated as conclusive at this stage in the absence of proof regarding the genuineness of the educational certificate produced on record; as per the statement under Section 161 Cr.P.C. the victim's age is 18 years.

Detailed headnote1 paragraphs

Bail granted — Case Crime No. 46 of 2022, Sections 363, 366, 376, 342 IPC and Section 3/4 Protection of Children from Sexual Offence Act, P.S. Hazratnagar Garh, District Sambhal — victim's age disputed: 18 years in Section 161 Cr.P.C. statement versus 15 years six months in Section 164 Cr.P.C. statement — Class-5 educational certificate showing date of birth 03.05.2007 (Annexure CA-2 to counter affidavit) held not conclusive at bail stage absent proof of its genuineness — applicant in custody since 13.04.2022, no criminal history — bail allowed on personal bond and two sureties with conditions against tampering, witness influence, non-appearance and inducement; breach exposes bail to cancellation; no opinion expressed on merits.

Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32583 of 2022

Applicant :- Pradeep Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A.

Hon'ble Mayank Kumar Jain,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present bail application has been filed on behalf of applicant in Case Crime No.46 of 2022, under Sections 363, 366, 376, 342 IPC and under section 3/4 Protection of Children from Sexual Offence Act, Police Station Hazratnagar Garh, District Sambhal with the prayer to enlarge the applicant on bail.

It is argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. He further argued that victim in her statement under section 161 Cr. P.C. has narrated her age to be 18 years, while she has narrated her age to be 15 years and six months in her statement under section 164 Cr. P.C. It is further argued that no allegation has been made against the applicant by the victim as described in her statement under section 161 Cr. P.C. There is material contractions between the statement of victim under section 161 and 164 Cr. P.C. In the medical examination, no external injury was found on the body of deceased. It is further submitted that applicant is languishing in jail since 13.04.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail and argued that date of birth of victim is 03.05.2007, copy of which has been filed as Annexure CA-2 to the counter affidavit, as such victim is minor girl.

Be that as it may, though there is on record the educational certificate of the victim of Class-5 indicating the date of birth of victim is 03.05.2007 but that should not be conclusive at this stage in the absence of any proof regarding genuineness of the educational certificate produced on record. As per the statement under section 161 Cr. P.C., the age of the victim is 18 years.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant Pradeep in the aforesaid crime be released on bail on furnishing a personal bond and two sureties to the satisfaction of court concerned subject to the following conditions:

(1). The applicant will not tamper with the prosecution evidence during the trial.

(2). The applicant will not influence any witness.

(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

(4). 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

In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

Order Date :- 16.1.2023 T.S.

Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad