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

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

What the court decided

AI extract

Outcome

Bail application allowed; applicant Amit Kumar Gautam to be released on bail in the aforesaid FIR/Case Crime Number on furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each, subject to conditions: (a) undertaking to attend hearings; (b) not committing any similar offence; (c) not directly or indirectly inducing, threatening or promising any person acquainted with the facts so as to dissuade disclosure to the Court or police, or tampering with the evidence.

Issue for consideration

Whether the accused-applicant is entitled to bail (second application) in Sessions Trial No.1262 of 2021 under sections 363, 376-D, 354-Ka, 354-Kha IPC and sections 5-g, 6 POCSO Act, given the victim's trial statement, pace of trial, period of custody and criminal antecedents.

Court's answer

The applicant is entitled to bail, considering the victim's trial statement (which levels no allegation against him), that only two of twenty witnesses have been examined, that he is in custody since 16.10.2021, and that he has no criminal history.

Detailed headnote1 paragraphs

Criminal Misc. Bail Application No.2987 of 2024 (Allahabad High Court, Lucknow Bench; Pankaj Bhatia, J.; order dated 24.9.2024): Second bail application of Amit Kumar Gautam allowed. Applicant is an accused in Sessions Trial No.1262 of 2021 arising out of FIR/Case Crime No.0138 of 2021, P.S. Fatanpur, District Pratapgarh, under sections 363, 376-D, 354-Ka, 354-Kha IPC and sections 5-g, 6 POCSO Act; his first bail application stood dismissed in default on 24.07.2023. Allowing bail, the Court relied on the victim's statement recorded during trial, wherein she attributed the wrong to coaccused Manish and levelled no allegation against the applicant, coupled with the facts that only two of twenty witnesses had been examined, the applicant was in custody since 16.10.2021 and had no criminal history. Release directed on a personal bond and two reliable sureties of Rs.20,000/- each, with standard conditions regarding attendance, non-commission of similar offences and non-tampering with evidence.

Neutral Citation No. - 2024:AHC-LKO:66263

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2987 of 2024

Applicant :- Amit Kumar Gautam Opposite Party :- State Of U.P. Thru. Principal Secy.Home Lko. And 3 Others Counsel for Applicant :- Dhiraj Chaurasiya,Divyanshu Anand,Gyan Singh,Rakesh Kumar Verma,Shyam Singh Counsel for Opposite Party :- G.A.

Hon'ble Pankaj Bhatia,J.

Supplementary Affidavit filed in court is taken on record.

Heard learned counsel for the applicant, learned AGA and perused the record. No one appears for the opposite party no.2 despite notice.

This is second application for bail of the accused-applicant seeking enlargement in Sessions Trial No.1262 of 2021 arising out of FIR/Case Crime No.0138 of 2021 under sections 363, 376-D, 354-Ka, 354-Kha IPC and section 5-g, 6 POCSO Act, P.S. Fatanpur, District Pratapgarh, the first bail application of the applicant was dismissed in default vide order dated 24.07.2023.

The FIR in question was lodged alleging that the daughter of the informant aged about 14 years was enticed by the coaccused along with the applicant. The FIR was lodged on 04.09.2021 alleging that the daughter of the informant was enticed on 06.08.2021.

While arguing the second bail application, the counsel for the applicant draws my attention to the statement of the victim recorded during the trial wherein she alleged that the coaccused Manish had committed wrong on her, however no allegations were levelled against the applicant.

Considering the statement of the victim coupled with the fact that out of twenty witnesses, only two have been examined and the applicant is in custody since 16.10.2021 having no criminal history, he is entitled for the bail. Thus the bail application is allowed.

Let the applicant Amit Kumar Gautam be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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 officer or tamper with the evidence.

Order Date :- 24.9.2024 VNP/-

Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench