Court granted bail to the applicant in a POCSO Act case, citing alleged age discrepancies and lack of identification by the victim, without adjudicating the merits of the evidence.
Release on bail with personal bond and two sureties, subject to conditions against tampering with evidence and requirement to appear in court.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52273 of 2022
Applicant :- Kallu @ Rashid Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jalaj Kumar Tripathi Counsel for Opposite Party :- G.A.,Mohd Zubair Khan
Hon'ble Ajay Bhanot,J.
Shri Sunil Kumar Srivastava, learned A.G.A. for the State contends that the police authorities in compliance of the directions issued by this Court in Criminal Misc. Bail Application No. 46998 of 2020 (Junaid Vs State of U.P. and another) reported at 2021 (6) ADJ 511 and with a view to implement the provisions of POCSO Act, 2012 read with POCSO Rules, 2020, have served notices of the bail application upon the the victim as well as the CWC.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 301 of 2022 at Police StationMeerganj, District- Bareilly, under Sections 323, 354ka, IPC, Section 7/8 POCSO Act and Section 3(1)Da, 3(1)Dha, 3(2)(va), 3(1)(w)(i) S.C./S.T. Act. The applicant is in jail since 07.08.2022.
The bail application of the applicant was rejected by the Additional Sessions Judge-I, POCSO Act, Bareilly, on 09.09.2022.
The following arguments made by Shri Jalaj
Kumar Tripathi, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Sunil Kumar Srivastava, learned AGA and Sri Mohd. Zubair Khan, learned counsel for the informant from the record, entitle the applicant for grant of bail:
(1). The age of the victim was also incorrectly entered by her parents in the school register only to give her an advantage in life. The victim in her statement under Section 164 Cr.P.C. has asserted that she is 16 years of age.
(2). The victim is in fact a major.
(3). Medical examination to determine the correct age as per duly established medical protocol was not got done by expert doctors from a reputed institute as the same would falsify the prosecution case.
(4). The victim has not identified the applicant as the principal offender who committed inappropriately sexual acts with her in her statement under Section 164 Cr.P.C.
(5). Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case.
(6). The applicant is not a flight risk. The applicant being a law abiding citizen has
always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
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- Kallu @ Rashid 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.
Order Date :- 4.1.2023 Pravin
Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether to enlarge the applicant on bail pending trial given allegations of age discrepancy and lack of identification.
Whether the grant of bail is justified in a child sexual offences case under the POCSO Act.
Kallu @ Rashid
State Of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
