Allowed

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

Allahabad HC25 May 2023BAIL/52875/2022

Case brief

AI extract

What is this about?

High Court allowed bail application of applicant charged under IPC 376 and POCSO. Court held victim was major and there was possibility of consent based on statements under Sections 161 and 164 CrPC, finding no likelihood of tampering.

What did the court decide?

Accused released on bail on personal bond and two sureties in like amount with conditions to attend trial and not tamper with evidence.

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

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Neutral Citation No. - 2023:AHC:117031

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52875 of 2022

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Applicant :- Shaukeen Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Gajendra Pratap Singh Counsel for Opposite Party :- G.A.,Anurag Yadav,Mahendra Pratap

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the first informant.

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By means of this application under Section 439 of Cr.P.C., applicant, who is involved in Case Crime No. 168 of 2022, under Sections 363, 376 IPC and 3/4 of Protection of Children from Sexual Offence Act, 2012, police station Khekada, district Baghpat, seeks enlargement on bail during the pendency of trial.

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As per prosecution case, in brief, informant, who is father of the victim lodged a first information report on 07.5.2022 against unknown person alleging inter alia that on 06.5.2022 at about 5.30 PM, his daughter aged about 18 years without giving any information had gone somewhere.

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It is contended by learned counsel for the applicant that victim is major and she in her statement under Section 161 Cr.P.C. has stated that she was in touch with the applicant for the last one year. On 06.5.2022, the applicant coaxing, took her to Delhi. It is also pointed out that she in her statement under section 161 Cr.P.C. has not made any allegation of rape against the applicant. Later on, when her statement under Section 164 Cr.P.C. was recorded, she has made allegation against the applicant and co-accused Iqbal by stating inter alia that the applicant and co-accused Iqbal committed misdeed with her, but after culmination of investigation, the investigating ofÏcer exonerated co-accused Iqbal. On the strength of the aforesaid facts, it is argued that

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the victim was consenting with the applicant. Lastly, it is submitted by the learned counsel for the applicant that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since01.6.2022 and in case, he is released on bail, he will not misuse the liberty of bail and cooperate with the trial.

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Per contra, learned A.G.A. for the State as well as learned counsel for the informant opposed the prayer for bail of the applicant, but could not dispute the above factual aspect of the matter as argued on behalf of the applicant.

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Having heard learned counsel for the parties and examined the matter in its entirety, I find that victim is major. She in her statement under Section 161 Cr.P.C. did not make any allegation of rape against the applicant. Later on, she has made improvement in her statement under Section 164 Cr.P.C. Considering the overall facts and other attending circumstances of the case, the possibility of victim being consenting with the applicant cannot be ruled out.

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Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed.

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Let the applicant 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 concerned with the following conditions:

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(i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.

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(ii) That the applicant shall not directly or indirectly

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make any 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 to any police ofÏcer or tamper with the evidence.

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(iii) That after his release, the applicant shall not involve in any criminal activity.

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(iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant.

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In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant.

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Order Date :- 25.5.2023 Ishrat

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Digitally signed by :- MOHAMMAD ISHRAT High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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