Allowed bail to applicant accused under IPC 363, 366, 376 and POCSO citing victim's lack of support for prosecution story, absence of medical evidence, and no criminal history. Applicant to execute bond and not tamper with evidence.
Applicant released on bail on furnishing personal bond and two sureties of Rs. 25,000 each.
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Neutral Citation No. - 2024:AHC-LKO:1099
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18 of 2024
Applicant :- Akhilesh Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Farooq Ayoob Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
2 . In terms of the F.I.R., a missing person report was lodged alleging that the daughter of the informant had not returned home, an apprehension was expressed that she was allured away by the applicant and subsequently in the statement of the victim recorded under Section 161 Cr.P.C., the victim deposed that she had gone along with the applicant to Barabanki and she knew the applicant since long and was in love with him. She also stated that they had made sexual relationship out of their own freewill. Similar statement was given by the victim in her statement recorded under Section 164 Cr.P.C.. No allegations were leveled against the applicant, nothing is found in the medical report on record. As regards the age of the victim, the submission of the counsel for the applicant is that the said is to be established after evidence in view of the law laid down in the case of Monish Vs. State of U.P. passed in Criminal Misc. Bail Application No. 55026 of 2021 decided on 09.02.2023.
3. Learned A.G.A. opposed the bail prayer.
4. Considering the fact that victim has not supported the prosecution story, the applicant has no criminal history and he is in jail since
19.11.2023 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 .
5. Let the applicant Akhilesh be released on bail in FIR/ Case Crime No. 1220 of 2023, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station Kotwali Nagar, District Barabanki, on his furnishing personal bonds and two reliable sureties of Rs.25,000/- 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 :- 4.1.2024 Arun
Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant, accused of POCSO and rape offenses with a missing person complaint, is eligible for bail.
Whether the victim's deposition suggests consensual relationship and lack of evidence bars bail.
Colour shows how this judgement treated each authority
Monish Vs. State of U.P.Referred¶7
Monish Vs. State of U.P. passed in Criminal Misc. Bail Application No. 55026 of 2021 decided on 09.02.2023
Akhilesh
State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others
Pankaj Bhatia
Arun Kumar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
