Allowed

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

Allahabad HC22 May 2023BAIL/59588/2022

Case brief

AI extract

What is this about?

Application for bail in a case where the applicant is accused of abduction and rape. The court granted bail noting that the alleged victim is major and alleges marriage, observed with no prejudice to trial merits.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties, subject to conditions of attendance and no tampering or criminal activity.

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

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Neutral Citation No. - 2023:AHC:111621

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59588 of 2022 Applicant :- Shanker Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Bheshaj Puri,Amit Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Counter affidavit filed today on behalf of the State is taken on record.

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From the report of CJM dated 3.5.2023, it appears that notice has been served to the informant. Despite service of notice, none appeared on behalf of the informant.

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Heard Sri Bheshaj Puri, learned counsel for the applicant and Dr. S. B. Maurya, learned AGA-I 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. 397 of 2022, under Sections 363, 366, 376 IPC & 5/6 POCSO Act, Police Station Mahuli, District Sant Kabir Nagar, during pendency of the trial in the court below.

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FIR of the present case was lodged against the applicant under sections 363, 366 IPC and according to the FIR, applicant has enticed away the daughter of the informant.

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Learned counsel for the applicant submitted that the entire allegation of enticement made against the applicant are totally false and baseless and applicant did not either enticed or abducted the daughter of the informant. He further submitted that actually daughter of the informant is a major girl aged about 20 years and she according to her own wish had gone alongwith the applicant and both performed marriage and started living as husband and wife and this fact is even evident from the statements of the victim recorded under sections 161 and 164 Cr.P.C.

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He further submitted that as victim is an illiterate girl, therefore, there is no school record available for her age but according to the doctor, her radiological age is about 20 years and this fact clearly suggest that she is a major girl.

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He further submitted that applicant is having no criminal history

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and he is in jail in the present matter since 8.10.2022, therefore, he may be released on bail.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that victim in her both the statements recorded under sections 161 and 164 Cr.P.C. did not make any allegation of rape against the applicant and her radiological age is about 20 years.

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I have heard learned counsel for the parties and perused the record of the case.

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From the perusal of the statements of the victim record under sections 161 and 164 Cr.P.C., it appears that victim according to her own wish had gone alongwith the applicant and had performed marriage with him and started living with him as his wife. Even as per doctor, her radiological age is about 20 years.

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Therefore, from the discussions made above, 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- Shanker, 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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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the

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merits of the case during trial.

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Order Date :- 22.5.2023/Ankita

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

Shanker 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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