Allowed

Pahlad v. State of U.P. Thru. Prin. Secy. Home, Lucknow and 3 Others

Allahabad HC3 Sept 2024/278/2024

Case brief

AI extract

What is this about?

Anticipatory bail application in a POCSO case; FIR by the victim's mother alleged only assault with no molestation, victim declined medical examination, charge sheet filed and applicant cooperated. Interim protection was made absolute and bail granted subject to conditions.

What did the court decide?

Anticipatory bail granted: interim protection made absolute; if summoned to face trial, applicant to be released on personal bond and two sureties, subject to stated conditions.

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

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Neutral Citation No. - 2024:AHC-LKO:60467

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 278 of 2024

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Applicant :- Pahlad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow And 3 Others Counsel for Applicant :- Sumit Chauhan,Atul Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Counter affidavit filed today is taken on record.

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The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.162/2023, under Sections 323, 504, 506 and 354 of IPC and 7/8 of POCSO Act, Police Station Khairighat, District Bahraich.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This Court while granting interim protection to the applicant vide order dated 15.02.2024 has passed the following order:-

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"1. Learned AGA informs that opposite party no.2 has been served and a communication in this regard has been sent by the concerned Police Station. The said communication placed for perusal of this Court is taken on record. Perusal of this communication would reveal that it has not been mentioned therein as to who has sent this communication.

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2. The opposite party no.2 is not represented.

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3. Heard Shri Sumit Chauhan, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

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4. The present anticipatory bail application has been moved by the accused/applicant- Pahlad in Case Crime No. 162/2023, under Sections 323, 504, 506 and 354 of IPC and 7/8 of POCSO Act, Police Station Khairighat, District Bahraich, with the prayer to enlarge them on anticipatory bail as they are apprehending arrest in the above-mentioned case.

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5. Learned counsel for the accused-applicants while pressing the anticipatory bail application submits that it is a case of false implication. The First Information Report of this case has been lodged by the mother of the victim by moving a written application wherein the allegations are only with regard to assault and there is no mention of either molestation

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or of outraging modesty of the victim and allegation in this regard emerging in her statements recorded under Sections 161 and 164 Cr.P.C. are after thought and could not be believed.

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6. It is further submitted that the prosecutrix/ victim has refused to undergo any medical examination and no injury etc. has been found on her person in her external examination, nor any injury has been found on the person of the informant, belying the whole prosecution story even of 'marpit/ assault'.

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7. It is further submitted that it is admitted to the informant that parties are having ill will/ enmity from before lodging of the First Information Report. The applicant is not having any criminal antecedent and there is no apprehension that the accused-applicant after release on anticipatory bail, may flee from the process of law or may otherwise misuse the liberty.

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8. Learned AGA on the other hands submits that the applicant is accused of committing heinous offence, and therefore he is not entitled for any protection.

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9. Perusal of the record would reveal that it appears to be an admitted case of the parties that they are highly inimical from before lodging of the First Information Report. In the First Information Report which has been lodged by the mother of the victim there is no allegation of either molesting the victim or of outraging her modesty. Admittedly the prosecutrix or the informant has not sustained any injury and the victim has also refused to undergo any internal medical examination, thus while providing another opportunity to opposite party no.2 / complainant and State to file counter affidavit/ objections, the liberty of the applicant may be protected till the next date of listing.

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10. Issue notice to opposite party no.2 returnable till the next date of listing.

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11. Steps in this regard may be taken as soon as possible.

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12. List on 28.2.2024, by which date State if, so wish may file counter affidavit/ objections.

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8. It is provided that till the next date of listing in the event of the arrest of the applicant- Pahlad involved in the above noted case, he shall be released forthwith on anticipatory bail, on his furnishing a personal bonds of Rs. 50,000/- and two sureties in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/ Investigating Officer/ Arresting Officer with the following conditions;

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(1) The applicant shall make himself available for interrogation or for discovery of any fact by a police officer as and when required;

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(2) 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 officer.

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(3) The applicant shall not leave the country without the previous permission of the Court."

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Learned counsel for the applicant submits that charge sheet in the matter has been filed. The applicant has cooperated in the investigation and further undertakes to cooperate in the trial.

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Learned A.G.A. has vehemently opposed the bail application, however, he could not show from the material on record that the applicant is not cooperating in the investigation. He further submits that charge-sheet in the matter has been filed.

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On due consideration to the fact that the victim has refused to undergo to the medical examination; in the FIR itself which was lodged by the mother of the victim there is no allegation of molestation; charge sheet has been filed; the applicant has no criminal antecedent, he has cooperated in the investigation and further undertakes to cooperate in the trial, the interim protection granted by this Court vide order dated 15.02.2024 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

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In view of the above, since, charge-sheet in the matter has been filed, if the applicant is summoned to face trial for offence in question, he shall be released on bail by the trial court on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned with the following conditions:-

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(i) 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 tamper with the evidence;

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(ii) The applicant shall not leave India without the previous permission of the court;

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(iii)The applicant shall not pressurize/ intimidate the prosecution witness;

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(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

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Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.

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It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the

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witnesses.

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In view of the aforesaid, the application is allowed .

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Order Date :- 3.9.2024 Renu/-

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Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench

Pahlad v. State of U.P. Thru. Prin. Secy. Home, Lucknow and 3 Others

Case brief

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Pahlad v. State of U.P. Thru. Prin. Secy. Home, Lucknow and 3 Others

Case brief

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