Allowed

Lal Jee v. State of U.P. and 3 Others

Allahabad HC24 Mar 2023BAIL/5204/2023

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Lal Jee in a rape and POCSO case, holding it a fit case for release without adjudicating merits, subject to standard conditions regarding witness tampering and cooperation in trial.

What did the court decide?

Release on bail with personal bond and two sureties subject to conditions of not tampering with witnesses and cooperating in trial.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5204 of 2023

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Applicant :- Lal Jee Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Lakshmi Kant Pandey,Piyush Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised. As informed by learned AGA, notice has been served with the informant on 28.01.2023.

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Heard Sri Sandeep Kumar Pandey, Advocate holding brief of Sri Lakshmi Kant Pandey, learned counsel for the applicant as well as Sri V.K.S. Parmar, learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed u/s 439 of Cr.P.C. on behalf of the applicant with a prayer to release him on bail in Case Crime No. 324 of 2022, under Sections 328, 376, 506 of IPC and Sections 5/6 of POCSO Act, Police Station Nawabganj, District Prayagraj, during the pendency of trial.

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As per prosecution story, the applicant is stated to have committed rape with the daughter of the informant on 06.11.2021 at about 05:00 PM by administering some noxious material to her. The applicant is stated to have repeated the said offence several time on gun point.

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It is submitted by the learned counsel for the applicant that he has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The victim is a consenting party as is evident from her statement recorded u/s 164 Cr.P.C. whereby she has stated that she was not intoxicated by the applicant as she had not consumed anything given by him but she has been sexually assaulted by him thereby she got pregnant. Learned counsel has further stated that there are ample contradictions in the statement of the victim recorded u/s 164 Cr.P.C. to the FIR. As per ossification test report, the age of the victim was found to

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be between 16 to 18 years. The dental surgeon has opined her age to be 16 to 21 years. Learned counsel has further stated that no injury has been found on the body of the victim. The applicant is ready to keep the victim with him as wife during the course of his life as he is in love with her. The applicant is languishing in jail since 24.08.2022 having no criminal history to his credit, deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with the trial.

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Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant on the ground that the consent of victim has been taken by coercion and, as such, it pales into insignificance. However, learned AGA could not dispute the fact that the applicant has no criminal history.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, nature of offence, evidence on record, stage of trial and considering the complicity of accused, severity of punishment, at this stage, without expressing any opinion on the merits of the case, I find it a fit case for releasing the applicant on bail.

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Without expressing any opinion on the merits, the bail application is allowed . Let the applicant Lal Jee involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 24.3.2023 Siddhant

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Lal Jee v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Lal Jee 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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Issues for consideration

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