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

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

What the court decided

AI extract

Outcome

Applicant Shubham Patel to be released on bail in FIR/Case Crime No. 197 of 2023 (Sections 363, 366, 376(3) IPC and Section 5/6 POCSO Act, PS Jagatpur, District Raebareli) on furnishing personal bonds and two reliable sureties of Rs. 20,000/- each, subject to conditions: (a) bond to attend hearings; (b) not to commit any similar offence; (c) not to 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 Shubham Patel, in custody since 5.8.2023 in FIR/Case Crime No. 197 of 2023, is entitled to be released on bail.

Court's answer

The Court considered the victim's Section 164 Cr.P.C. statement (which did not support the prosecution story) coupled with the fact that the victim's age had not been determined as per the mandate of Section 94 of the Juvenile Justice Act, such determination being left to be decided at the time of trial.

Ratio / Principle

There being nothing on record to demonstrate that the applicant, if enlarged on bail, would adversely affect the trial, and without expressing any opinion on merits, the Court held the applicant entitled to be released on bail.

Key takeaways

The applicant was ordered released on bail in FIR/Case Crime No. 197 of 2023 (Sections 363, 366, 376(3) IPC and Section 5/6 POCSO Act, Police Station Jagatpur, District Raebareli) on furnishing personal bonds and two reliable sureties of Rs. 20,000/- each, subject to conditions of attending hearings, not committing similar offences, and not inducing, threatening or tampering with witnesses or evidence.ratio¶¶16

Detailed headnote1 paragraphs

Bail allowed — Single Judge (Pankabhatia... Pankaj Bhatia, J.), Allahabad High Court, Lucknow Bench, Order dated 4.4.2024. Applicant in custody since 5.8.2023 in FIR/Case Crime No. 197 of 2023 under Sections 363, 366, 376(3) IPC and Section 5/6 of the POCSO Act, Police Station Jagatpur, District Raebareli. FIR arose from a missing person report alleging the informant's daughter was enticed away and physical relations formed against her consent. In her Section 164 Cr.P.C. statement the victim did not support the prosecution story. Age determination of the victim as per Section 94 of the Juvenile Justice Act had not been carried out and was left to trial. Applicant had no criminal history and nothing on record showed release would adversely affect the trial. Bail granted on personal bonds and two reliable sureties of Rs. 20,000/- each, with conditions against committing similar offences and tampering/inducement; no opinion expressed on merits.

Neutral Citation No. - 2024:AHC-LKO:27745

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 377 of 2024

Applicant :- Shubham Patel Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others

Counsel for Applicant :- Jaikaran

Counsel for Opposite Party :- G.A.

Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

Counter afÏdavit filed on behalf of the respondent State is taken on record.

In terms of the F.I.R. registered as a missing person report, it was alleged that the daughter of the informant was enticed away by the applicant four to five months ago and physical relations were formed against her consent.

Learned counsel for the applicant has argued that in the statement under Section 164 Cr.P.C., the victim did not support the prosecution story and stated that physical relations were formed with her consent. Learned counsel for the applicant argued that the determination of the tentative age of the victim as per the mandate of Section 94 of the Juvenile Justice Act has not done and the same would be done at the time of trial. The applicant is in custody since 5.8.2023 having no criminal history, hence he may be enlarged on bail.

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

Considering the statement under Section 164 Cr.P.C. coupled with the fact that the determination of the age of the victim has not been done as per the mandate of Section 94 of the Juvenile Justice Act and the same would be decided at the time of

trial and the applicant is languishing in jail since 5.8.2023 having no criminal history 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 application for grant of bail is allowed.

Let the applicant Shubham Patel be released on bail in FIR/ Case Crime No.197 of 2023, under Sections 363, 366, 376(3) I.P.C. and Section 5/6 of the POCSO Act, Police Station Jagatpur, District Raebareli 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 :- 4.4.2024/Shukla

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