Amit Kumar Vs State of U.P. Thru. Prin… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

Amit Kumar Vs State of U.P. Thru. Prin… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Applicant Amit Kumar to be released on bail in FIR/Case Crime No. 246 of 2023 (Sections 376(3), 323, 504, 506, 452 IPC and Section 5J(ii)/6 POCSO Act, P.S. Kotwali Dehat, District Bahraich) on furnishing personal bonds and two reliable sureties of Rs.20,000/- each, subject to conditions: (a) execute bond to attend hearings; (b) not commit any similar offence; (c) not directly or indirectly induce, threaten or promise any person acquainted with the facts so as to dissuade disclosure or tamper with evidence.

Issue for consideration

Whether the applicant, accused in FIR/Case Crime No. 246 of 2023 under Sections 376(3), 323, 504, 506, 452 IPC and Section 5J(ii)/6 of the POCSO Act, is entitled to be released on bail.

Court's answer

Without expressing any opinion on merits, considering the law laid down in Deepak Gulati (supra), the fact that the relationship admittedly continued over a period of one year on a false pretext of marriage, the applicant's lack of criminal antecedents, custody since 6.6.2023, and nothing on record to show that enlargement would adversely affect the trial, the applicant is entitled to be released on bail.

Key takeaways

There is no definite document regarding determination of the age of the victim as prescribed under Section 94 of the Juvenile Justice Act; that question shall be decided at the time of trial.obiter¶8

Detailed headnote1 paragraphs

Bail allowed (Pankaj Bhatia, J.; order dated 8.4.2024). Applicant accused in FIR/Case Crime No. 246 of 2023, P.S. Kotwali Dehat, District Bahraich, under Sections 376(3), 323, 504, 506, 452 IPC and Section 5J(ii)/6 of the POCSO Act, alleged to have formed physical relations with the informant on the false pretext of marriage over about a year. The victim's Section 164 Cr.P.C. statement admitted one-year acquaintance and physical relations without her consent; the court noted there is no definite document on age determination under Section 94 of the Juvenile Justice Act, leaving that for trial. Relying on Deepak Gulati Vs. State of Haryana, AIR 2013 SC 2071, and noting the continuing one-year relationship, absence of criminal antecedents, custody since 6.6.2023, and nothing to indicate prejudice to the trial, the court released the applicant on bail without expressing any opinion on merits, on personal bonds and two sureties of Rs.20,000/- each, with conditions to attend hearings, abstain from similar offences, and not tamper with witnesses or evidence.

Neutral Citation No. - 2024:AHC-LKO:28527

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1608 of 2024

Applicant :- Amit Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lucknow And Others Counsel for Applicant :- Amit Kumar Awasthi,Anand Kumar Shukla Counsel for Opposite Party :- G.A.,Ashish Raman Mishra

Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the applicant, Shri Arun Kumar Mishra, Advocate holding brief of Shri Ashish Raman Mishra, learned counsel for the complainant as well as learned A.G.A. and perused the record.

In terms of the F.I.R., it was alleged that the informant had met the applicant had become friendly to him and thereafter on the false pretext of marriage, on various occasions, physical relations were formed between them.

Learned counsel for the applicant has drawn my attention to the statement of the victim recorded under Section 161 Cr.P.C. wherein she stated the same as has been narrated in the F.I.R. In her statement under Section 164 Cr.P.C., the victim admitted that she knew the applicant for the last one year and physical relations were formed with him, although without the consent of the victim. There is no definite document with regard to the determination of the age of the victim as prescribed under Section 94 of the Juvenile Justice Act and the same shall be decided at the time of the trial.

Learned counsel for the applicant has placed reliance on the judgement of the Hon'ble Supreme Court in the case of Deepak Gulati Vs. State of Haryana : AIR 2013 SC 2071 to argue that admittedly physical relations continued in between the parties over a span of one year, as such no case can be said to be made out against the applicant. The applicant is in custody since 6.6.2023 having no criminal antecedents, hence the applicant may be released on bail.

Learned A.G.A. opposed the prayer for bail.

Considering the law laid down by Hon'ble Supreme Court in the case of Deepak Gulati Vs. State of Haryana(supra) coupled with the fact that the relationship admittedly continued over a period of one year on a false pretext of marriage and the fact that the applicant has no criminal antecedents and is languishing in jail since 6.6.2023 and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

Accordingly, the bail application is allowed.

Let the applicant Amit Kumar be released on bail in FIR/ Case Crime No.246 of 2023, under Sections 376(3), 323, 504, 506, 452 I.P.C. and Section 5J(ii)/6 of the POCSO Act, Police Station Kotwali Dehat, District Bahraich on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions :-

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly 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.

Order Date :- 8.4.2024

Shukla

Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench