Allowed

Shrawan Alias Gola v. State of U.P. Thru.Prin.Secy. Home and 3 Others

Allahabad HC3 Jan 2024/3885/2023

Case brief

AI extract

What is this about?

In this bail application under Sections 363, 376, 506 IPC, POCSO, and SC/ST Act, the court found inconsistencies in the victim's statements and uncorroborated medical reports. Despite the applicant's prior criminal history, the court allowed bail citing these inconsistencies and the victimstaying with the accused.

What did the court decide?

Released on bail with a personal bond and two sureties of Rs. 25,000 each, subject to standard conditions of appearing in court, not committing similar offences, and not tampering with evidence.

Shrawan Alias Gola Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:973

¶2

Court No. - 12

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3885 of 2023

¶4

Applicant :- Shrawan Alias Gola Opposite Party :- State Of U.P. Thru.Prin.Secy. Home And 3 Others Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.,Desh Ratan Mishra

¶5

Hon'ble Pankaj Bhatia,J.

¶6

Heard Sri Manoj Kumar Singh, learned counsel for the applicant, Sri Desh Ratan Mishra, learned counsel for the informant/complainant and learned AGA for the State.

¶7

The accused-applicant seeks bail in FIR/Case Crime No.423 of 2022 under Sections 363, 376, 506 IPC & Section 3/4 POCSO Act & Section 3(2)(5) of SC/ST Act, Police StationVisheshwarganj, District- Bahraich.

¶8

Initially a missing person report was lodged. Subsequently in the statements recorded under Sections 161 CrPC, the girl stated her age to be 15 years and stated that on 24.10.2023, she was forced to sit on a motor-cycle and was taken to Gonda and from Gonda to Jalandhar where she stayed for three days and physical relations were also established. Subsequently, in the statement recorded under Section 164 CrPC also, she stated that both of them had gone on train to Jalandhar which was 24 hours away and there they stayed for three days.. The medical report on record does not corroborate any allegation of forceful sexual conduct. There are two evidences with regard to the age, the first one being relied upon by the applicant being an RTI query which discloses the age of victim as 19 years and second the evidence in the form of a Class 9th certificate which discloses the age of the victim as less than 18 years which are to be tested at the time of trial in view of the law as laid down in the case of Monish vs. State of U.P. and 3 Others, Criminal Misc. Bail Application No.55026 of 2021 decided on 09.2.2023.

¶9

Learned AGA, on the other hand, opposes the bail application by arguing that the applicant has committed a heinous offence under Section 376 IPC, therefore, he is not

¶10

entitled for bail and his bail application may be rejected.

¶11

In view of the submissions advanced by learned counsel for the applicant and considering the inconsistencies in the statements given by the victim and the fact the the victim stayed with the applicant in the train and thereafter for three days stayed at Jalandhar, coupled with the fact the the applicant has one criminal history which has been duly explained in Para 3 of the supplementary affidavit and he is in custody since 30.10.2022, the applicant is entitled for bail. Thus, the bail application is allowed.

¶12

Let the applicant Shrawan Alias Gola be released on bail in FIR/Case Crime No.423 of 2022 under Sections 363, 376, 506 IPC & Section 3/4 POCSO Act & Section 3(2)(5) of SC/ST Act, Police Station- Visheshwarganj, District- Bahraich on his furnishing a personal bond with two sureties of Rupees 25000/each along with the following conditions:

¶13

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

¶14

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

¶15

(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/her from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶16

Order Date :- 3.1.2024 Manoj K.

¶17

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

Shrawan Alias Gola v. State of U.P. Thru.Prin.Secy. Home and 3 Others

Case brief

What is this about?

What did the court decide?

Shrawan Alias Gola v. State of U.P. Thru.Prin.Secy. Home and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Manvendra Pal Vs State of U.P. Thru. Addl. Chief Secy. Deptt. Home, Lko.

Vinod Pal Vs State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko.

Mukesh Singh @ Dabbu Singh Vs State of U.P. Thru. Secy. Deptt. Home Lko.

Chhotelal Vs State of U.P. Thru. Addl. Chief Secy. Home, Lko. and 3 Others

Dilip and Another Vs State of U.P. Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

Riyaz Ahmad S/O Shaukat Ali Vs State of U.P. Thru. Addl. Chief Secy Home and 3 Others