Prithviraj Lodh Vs State of U.P. Thru. Its… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

Prithviraj Lodh Vs State of U.P. Thru. Its… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Release of applicant Prithviraj Lodh on bail in the aforesaid first information report (Case Crime No. 0066 of 2022) subject to furnishing a personal bond and two reliable sureties of Rs. 20,000/- each, with 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 to the Court or police or tamper with evidence.

Issue for consideration

Whether the accused-applicant is entitled to bail in Case Crime No. 0066 of 2022 under sections 376(3) IPC and section 5/6 POCSO Act, P.S. Paraspur, Gonda.

Court's answer

Considering the tentative age of the victim to be around fifteen years and there being no allegation of rape corroborated by any material evidence, the applicant is entitled to bail.

Ratio / Principle

The applicant, who is in custody since 21.08.2022 and has no criminal history, is entitled to bail.

Key takeaways

The bail application is allowed.ratio¶9

Detailed headnote1 paragraphs

Bail granted — High Court of Judicature at Allahabad, Lucknow Bench (Pankaj Bhatia, J.), order dated 26.7.2024 — Applicant sought bail in Case Crime No. 0066 of 2022, P.S. Paraspur, Gonda, under sections 376(3) IPC and section 5/6 POCSO Act. The FIR, lodged on 07.05.2022 (three days after the incident), was under section 354 IPC read with section 7/8 POCSO Act and alleged that the applicant caught hold of the informant's daughter, aged about 15 years, with an evil intent and fled when she raised hue and cry. The victim's section 161 Cr.P.C. statement reiterated this version with no allegation of rape; the allegation of an act causing internal bleeding surfaced for the first time in her section 164 Cr.P.C. statement recorded on 24.05.2022, is absent from the FIR despite being informed to her mother, and finds no mention in the medical report. Holding the victim's age to be tentatively around fifteen years and the rape allegation uncorroborated by any material evidence, and noting the applicant's custody since 21.08.2022 and clean criminal history, the Court allowed bail: release on personal bond and two reliable sureties of Rs. 20,000/- each, with conditions to attend hearings, refrain from similar offences, and not tamper with evidence or dissuade witnesses.

Neutral Citation No. - 2024:AHC-LKO:50896

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 395 of 2023

Applicant :- Prithviraj Lodh Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home, Deptt. Lko. And Others Counsel for Applicant :- Km. Santosh Awasthi, Amitesh Pratap Singh, Kailash Nath Mishra Counsel for Opposite Party :- G.A.

Hon'ble Pankaj Bhatia,J.

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

The accused-applicant seeks bail in Case Crime No.0066 of 2022 under sections 376(3) IPC and section 5/6 (Jha) POCSO Act, P.S. Paraspur, Gonda.

The FIR in question was lodged alleging that the daughter of the informant aged about 15 years had gone out of her own when the applicant caught hold of her with an evil intent and when the victim raised hue and cry, the applicant ran away. The FIR was lodged under section 354 read with section 7/8 POCSO Act on 07.05.2022 i.e. after three days of the incident. In the statement under section 161 Cr.P.C., the victim reiterated the said version and no allegation of rape were levelled. However, in the statement under section 164 Cr.P.C., the victim stated that something was done to her which resulted in bleeding from the internal part and this fact was informed by the victim to her mother. The statement was recorded on 24.05.2022, however, in the FIR there is no such allegation despite the same being informed to her mother. The medical on record does not record any such allegations.

Considering the tentative age of the victim to be around fifteen years and there being no allegation of rape corroborated by any material evidence, the applicant who is in custody since 21.08.2022 and has no criminal history is entitled for the bail. Thus the bail application is allowed.

Let the applicant Prithviraj Lodh be released on bail in aforesaid first information report 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 :- 26.7.2024 VNP/-

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