The high court allowed the bail application of Manthlal accused under POCSO and IPC sections. Bail was granted after an amicus curiae contested the victim's minority and alleged family opposition, despite lawyer strikes in the district.
Release of applicant on bail by furnishing personal bond and two sureties; legal aid appointed via DLSA.
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:178099
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40128 of 2023 Applicant :- Manthlal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rakesh Singh Yadava,Indrajeet Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Matter is called out. None appears for the applicant to press the bail application. The names of the learned counsel for the applicant is shown in the cause list.
Learned counsel at the Bar has been requested to assist the Court in the matter. This Court in the light of the holding in Maneesh Pathak vs. State of U.P. passed in Criminal Misc. Bail Application No. 18536 of 2020 is not dismissing the case for non prosecution. Learned members at the Bar have volunteered to assist the Court pro bono in the highest tradition of the profession. The Court has appointed learned counsel as amicus curiae.
By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 26 of 2022 at Police Station- Ubhaun, District- Ballia under Sections 363, 366, 376 IPC, Section 3/4 of the POCSO Act. The applicant is in jail since 12.06.2022.
The bail application of the applicant was rejected by the learned trial on 20.07.2022.
The following arguments made by learned counsel as
amicus curiae for the applicant, which could not be satisfactorily refuted by learned AGA from the record, entitle the applicant for grant of bail:
(i) There are material contradictions in the age of the victim as recorded in various prosecution documents.
(ii) The victim in her statement under Section 161 Cr.P.C. has asserted that she is above 14 years of age.
(iii). Medical report drawn up to determine the age of the victim opines that she is about 18 years of age. The victim is in fact a major.
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- Manthlal 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:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the
date fixed, unless personal presence is exempted.
The Court has been informed that the lawyers in districtBallia are striking work. Liberty of citizens is too sacrosanct and cannot be held to ransom by striking lawyers.
The District Legal Services Authority (DLSA), Ballia shall ensure that appropriate legal aid is made available to the applicant for purposes of submitting sureties and completion of other formalities for being set forth at liberty.
Registry is directed to send a copy of this order to the District Legal Services Authority (DLSA), Ballia for onward communication to the applicant who is in jail, and for assisting the applicant in the manner stated above.
Order Date :- 14.9.2023 Pravin
Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted where the applicant contests the victim's minor status and alleges family opposition.
Whether the bail application should be dismissed pending lawyer strikes.
Colour shows how this judgement treated each authority
Maneesh Pathak vs. State of U.P.Referred¶6
Maneesh Pathak vs. State of U.P. (Criminal Misc. Bail Application No. 18536 of 2020)
Monish Vs. State of U.P. and othersReferred¶13
Monish Vs. State of U.P. and others (Criminal Misc. Bail Application No. 55026 of 2021)
Manthlal
State Of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
