Allowed

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

Allahabad HC7 Aug 2023BAIL/8781/2023

Case brief

AI extract

What is this about?

In a bail application under Sections 363, 366, 376 IPC and POCSO Act regarding the enticement and alleged rape of a 13-year-old girl, the High Court allowed the bail petition. The court noted the victim's initial denial of rape in the Section 161 statement but her subsequent allegation in the Section 164 statement, granting bail subject to conditions.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties each with specific conditions regarding appearance and conduct.

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

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Neutral Citation No. - 2023:AHC:158517

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8781 of 2023

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Applicant :- Gulshan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajesh Kumar Yadav Counsel for Opposite Party :- G.A.,Rajneesh Tripathi

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Hon'ble Sameer Jain,J.

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Rejoinder affidavit filed today on behalf of the applicant is taken on record.

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Heard Sri Rajesh Kumar Yadav, learned counsel for the applicant, Sri Rajneesh Tripathi, learned counsel for the informant and Dr. S.B. Maurya, learned AGA-I for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 220 of 2022, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Aunchha, District Mainpuri during pendency of the trial.

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FIR of the present case was lodged against the applicant and coaccused Durgesh and according to the FIR applicant and coaccused Durgesh enticed away the daughter of the informant aged about 13 years.

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Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and neither in the FIR nor in the statement of victim recorded under Section 161 Cr.P.C. there was any allegation of rape but when the statement of victim under Section 164 Cr.P.C. was recorded then she made allegation of rape against the applicant and this fact clearly suggests that under the pressure of her parents subsequently she made allegation of rape against the applicant. He further submits that actually victim is student of class-X while applicant is student of class-XII and both were having friendship and only due to this reason, informant lodged FIR of the present case against the applicant. He further submits that applicant is not having any criminal history and in the present matter he is in jail

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since 11.11.2022 i.e. for more than eight months.

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Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that victim is 13 years old and she in her statement recorded under Section 164 Cr.P.C. made allegation of rape against the applicant but both the counsels could not dispute the fact that victim in her statement recorded under Section 161 Cr.P.C. did not make any allegation of rape against the applicant and categorically stated that applicant did not commit rape with her.

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

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Although, from the record it reflects that victim i.e. prosecutrix of the case is minor girl aged about 13 years and she in her statement recorded under Section 164 Cr.P.C. made allegation of rape against the applicant but earlier when her statement under Section 161 Cr.P.C. was recorded then she did not make any allegation of rape against the applicant and on query of Investigating Officer, she categorically stated that applicant did not commit any wrong against her. Further, applicant is in jail since November, 2022 i.e. for more than eight months.

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Therefore, considering the facts and circumstances of the case discussed 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 - Gulshan 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 merits of the case during trial.

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Order Date :- 7.8.2023 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

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