Allowed

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

Allahabad HC7 Aug 2023BAIL/4056/2023

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant in a case involving Section 363, 376D IPC and POCSO Act allegations. The court noted the absence of rape allegations in the FIR and initial interrogation statements, the victim's near-majority age, and lack of criminal history for the applicant.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties subject to standard conditions of appearance and not tampering with evidence.

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

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Neutral Citation No. - 2023:AHC:158182

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4056 of 2023

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Applicant :- Deepak Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Prem Prakash Yadav,Brijesh Kumar Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma

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Hon'ble Sameer Jain,J.

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None appeared on behalf of the informant, however, learned AGA for the State is present.

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Heard Sri Brijesh Kumar, learned counsel for the applicant and Sri Manav Chaurasia, learned AGA for the State.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 466 of 2022, Session Trial No.2858 of 2022, under Sections 363, 376D, 328 IPC & Section 5/6 POCSO Act, Police Station- Sikandrabad, DistrictBulandshahr, during pendency of the trial in the court below

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FIR of the present case was lodged against the applicant and according to the FIR, the applicant enticed away the daughter of the informant aged about 17 years with the help of other accused persons.

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Learned counsel for the applicant submits that entire allegation made against the applicant is totally false and baseless and neither in the FIR nor in the statement recorded under Section 161 CrPC of the victim, there was any allegation of rape against the applicant but in the statement recorded under Section 164 Cr.P.C., she made allegation of rape against the applicant and this fact shows that subsequently under pressure of her parents, victim started making allegation of rape against the applicant.

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He further submits that actually victim was a major girl aged about 18 years and this fact is evident from her school record which shows that she was more than 17 and a half years old at the time of incident. He further submits that applicant and victim both were having love affairs but subsequently some dispute arose between them and, therefore, she started making allegation against

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the applicant.

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He further submits that the applicant is not having any criminal history and he is in jail since 29.05.2022 i.e. for more than a year.

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Per contra , learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by the learned counsel for 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 in her statement recorded under Section 164 Cr.P.C. made allegation of rape against the applicant but no allegation of rape was made against the applicant either in the FIR or in her statement recorded under Section 161 Cr.P.C. Further, even from the school record, it appears that victim was around 17 years old, therefore, she was at the verge of her majority and from a perusal of both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C., it reflects that she was having love affairs with the applicant. Further, applicant is not having any criminal history and he is in jail since May, 2022 i.e. for more than a year.

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Therefore, considering the facts and circumstances of the case, discussed above, in my view, the 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- Deepak, 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 :- 7.8.2023 P Kesari

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Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

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What did the court decide?

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