Allowed

Vipin Kumar v. State of U.P. and 3 Others

Allahabad HC18 Apr 2023BAIL/55935/2022

Case brief

AI extract

What is this about?

In this bail application, the High Court allowed the release of the applicant charged under IPC 363, 366, and POCSO. The court noted a conflict between school-age certificates indicating the victim was a minor and a medical report stating she was 18, alongside her statements claiming voluntary cohabitation and marriage. The court granted bail without expressing an opinion on the merits.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties each to the satisfaction of the court concerned.

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

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Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55935 of 2022 Applicant :- Vipin Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shailendra Kumar Rai Counsel for Opposite Party :- G.A.,Praveen Kumar Singh

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Hon'ble Sameer Jain,J.

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Heard Sri Shailendra Kumar Rai, and Sri Praveen Kumar Singh learned counsel for the applicant, Sri Ghanshyam Mishra learned Brief Holder for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 130 of 2022, under Sections 363, 366, 376 IPC and Section 5/6 POCSO Act, Police StationNonahra, District- Ghazipur, during pendency of the trial in the court below.

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F.I.R. in the present case was lodged against applicant under Sections 363 and 366 I.P.C. and according to the F.I.R. applicant enticed away the minor daughter of the informant aged about 17 years.

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Learned counsel for the applicant submits entire allegation made against the applicant is totally false and baseless and the victim i.e. daughter of the informant is a major girl aged about more than 18 years and she loved the applicant and applicant also loved her and both have performed marriage and victim according to her own wish had gone along with the applicant and this fact has been admitted by the victim in her statement under Section 161 Cr.P.C. and similar facts have been narrated by her in statement under Section 164 Cr.P.C. and from both the statements of the victim it appears that she had perform marriage with the applicant.

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He further submits that although as per High School certificate the age of the victim is around 16-1/2 years but as per medical the age of the victim is about 18 years and this fact clearly suggests that she was major. He further submits that applicant is a young lad aged about 21 years and he is in jail in the present matter since 4.7.2022 i.e. for last about nine months.

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Per contra, learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail and submitted that according to the High School certificate the aged of the victim is 16-1/2 years, therefore, she is well below 18 years but both the counsel could not dispute the fact that according to radiological report the

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age of the victim is about 18 years and she did not make any accusation against the applicant in her both the statement recorded under Section 161 Cr.P.C. and 164 Cr.P.C. and categorically stated that she had gone along with the applicant as per her own wish and has also performed marriage with the applicant.

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I have heard both the parties and perused the record of the case.

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Although, as per High School certificate it appears that victim is below 18 years of age and her age is 16-1/2 years but as per the report of C.M.O. her radiological age is about 18 year and she did not make any accusation against the applicant and categorically stated that she according to her own wish had gone along with him and also performed marriage with him. Applicant is young lad aged about 21 years and he is in jail since 4.7.2022 and from the record it reflects that both had love affair.

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Therefore, considering the totality of the facts and circumstances of the case, in my view 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- Vipin Kumar 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 prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 18.4.2023

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Kumar Manish.

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Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad

Vipin Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Vipin Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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