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

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

What the court decided

AI extract

Outcome

Applicant Vivek @ Vikki to be released on bail in FIR/Case Crime No.39 of 2024, under Sections 363, 366, 376-A I.P.C. and Section 5/6 of the POCSO Act, Police Station Jaisinghpur, District Sultanpur, on personal bond and two reliable sureties of Rs.20,000/- each, subject to the stated conditions.

Issue for consideration

Whether the applicant Vivek @ Vikki is entitled to be enlarged on bail in FIR/Case Crime No. 39 of 2024, Police Station Jaisinghpur, District Sultanpur, under Sections 363, 366, 376-A IPC and Section 5/6 of the POCSO Act.

Court's answer

Considering the victim's statement recorded under Section 164 Cr.P.C., coupled with the applicant's incarceration since 19.3.2024 with no criminal history, and there being nothing on record to show that his enlargement would adversely affect the trial, and without expressing any opinion on merit, the applicant is entitled to be released on bail.

Ratio / Principle

The bail application is allowed; the applicant is to be released on bail on furnishing a personal bond and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned, subject to conditions of attending hearings, not committing any similar offence, and not inducement/threat/tampering with evidence.

Detailed headnote1 paragraphs

Bail allowed. Applicant sought bail in FIR/Case Crime No. 39 of 2024, Police Station Jaisinghpur, District Sultanpur, under Sections 363, 366, 376-A IPC and Section 5/6 of the POCSO Act. The victim, who disclosed her age as 19 years, stated in her Section 164 Cr.P.C. statement that she was in love with the applicant for the last two years and had gone out of her own free will. The applicant was in jail since 19.3.2024 with no criminal history, and there was nothing on record to show that his enlargement would adversely affect the trial. Without expressing any opinion on merit, the Court held the applicant entitled to bail and directed his release on personal bond and two reliable sureties of Rs.20,000/- each, subject to conditions regarding attendance, non-commission of similar offences, and non-tampering with evidence.

Neutral Citation No. - 2024:AHC-LKO:48170

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6963 of 2024

Applicant :- Vivek @ Vikki Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others

Counsel for Applicant :- Rahul Mishra

Counsel for Opposite Party :- G.A.,Satyendra Nath Mishra

Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the applicant, Shri Abhinav Srivastava, Advocate holding brief of Shri S.N.Mishra, learned counsel for the respondent complainant 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., initially a missing person report was lodged alleging there that the daughter of the informant was enticed away by some unknown persons. Subsequently, in the statement under Section 164 Cr.P.C., the victim stated that she was in love with the applicant for the last two years and had gone out of her own free will. She disclosed her age as 19 years.

Learned counsel for the applicant argued that the victim has not supported the prosecution story in her statement recorded under Section 164 Cr.P.C. She disclosed her age as 19 years in the statement under Section 164 Cr.P.C. There is no definite document to conclusively determine the age of the victim as has been prescribed under the Juvenile Justice Act readwith the rules framed thereunder and the same shall be decided at the time of the trial. The applicant is in jail since 19.3.2024 having no criminal history, hence, the applicant may be enlarged on bail.

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

Considering the statement of the victim recorded under Section 164 Cr.P.C. coupled with the fact that the applicant is languishing in jail since 19.3.2024 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 bail application is allowed.

Let the applicant Vivek @ Vikki be released on bail in FIR/ Case Crime No.39 of 2024, under Sections 363, 366, 376-A I.P.C. and Section 5/6 of the POCSO Act, Police Station Jaisinghpur, District Sultanpur 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 :- 16.7.2024/Shukla

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