Allowed

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

Allahabad HC23 Feb 2023BAIL/57076/2022

Case brief

AI extract

What is this about?

High Court decided to grant bail to applicant Wahid challenging age of victim. Bail incumbent to abide by specified conditions including appearance before police and non-tampering of evidence despite pending proceedings.

What did the court decide?

Released on personal bond and two sureties subject to conditions of not tampering with witnesses, appearing in court and at police station monthly for six months.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57076 of 2022 Applicant :- Wahid Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashok Kumar Singh,Ankit Singh,Kalp Dev Mishra Counsel for Opposite Party :- G.A.,Anita Singh,Dinesh Kumar Misra

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Hon'ble Ajay Bhanot,J.

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By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 235 of 2022 at Police Station- Kerakat, District- Jaunpur under Sections 376, 354, 354B, 504, 506, IPC Section 3/4 POCSO Act and Sections 3(2)5, 3(1)B SC/ST Act. The applicant is in jail since 03.07.2022.

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The bail application of the applicant was rejected by the learned trial court on 14.10.2022.

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The following arguments made by Shri Kalp Dev Mishra, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Markandey Singh, learned AGA from the record, entitle the applicant for grant of bail:

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(1). Age of the victim as reflected in the prosecution case is assailed in light of the law laid down by this Court in Criminal Misc. Bail Application No. 55026 of 2021 (Monish Vs State

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of U.P. and others).

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(2). The age of the victim was incorrectly entered by her parents in the school register only to give her an advantage in life.

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(3). Medical report drawn up to determine the age of the victim opines that she is about 15 years of age. Learned counsel for the applicant raises two objections against the medical reports. Firstly, the range of error in determining the age is about two years, and the same should be read in favour of the applicant at this stage. Secondly, the medical reports are flawed. The latest medical protocol and other scientific criteria were excluded from consideration in the medical reports. For example, size of the teeth, heredity, socioeconomic environment and dietary habits have not been factored in the said medical reports. These have a bearing on the human growth and determination of age.

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(4). The victim is in fact a major.

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(5). The FIR arises out of a village rivalry between the parties.

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(6). No allegation of rape was made in the FIR or

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in the statement of the victim under Section 161 Cr.P.C.

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(7). False and aggravated allegations have been belatedly made by the victim in the statement under Section 164 Cr.P.C. at the behest of the parents of the victim to save the failing prosecution case.

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(8). Material contradictions in the F.I.R. and the statement of the victim under Section 161 Cr.P.C. and Section 164 Cr.P.C. discredit the prosecution case.

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(9). Medical evidence does not corroborate the prosecution case.

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(10). The applicant does not have any criminal history apart from this case.

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(11). 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.

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In the light of the preceding discussion and without making any observations on the merits of

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the case, the bail application is allowed.

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Let the applicant- Wahid 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. However, considering the facts and circumstances of the case and that the victim is vulnerable and lives with his mother following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iii) The applicant shall appear before the police station on a monthly basis for a period of six months.

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Order Date :- 23.2.2023 Pravin

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Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

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What did the court decide?

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