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

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

What the court decided

AI extract

Outcome

Bail allowed; applicant Govind to be released on furnishing a personal bond and two reliable sureties of Rs.20,000/- each, subject to conditions of attending hearings, abstaining from similar offences and not tampering with evidence, and further directed to register the marriage within three months subject to the victim's consent, failing which the victim may seek cancellation of bail.

Issue for consideration

Whether the accused-applicant is entitled to bail in Case Crime No.7 of 2024 under sections 363, 366, 376 IPC and section 3/4 POCSO Act, P.S. Pali, District Hardoi.

Ratio / Principle

Considering the two statements (under sections 161 and 164 Cr.P.C.) not supporting the prosecution story, the applicant who is in custody since 02.03.2024 is entitled for the bail.

Key takeaways

The applicant is to be released on bail subject to furnishing a personal bond and two reliable sureties of Rs.20,000/- each of the like amount to the satisfaction of the court concerned, with conditions to attend hearings, not commit any similar offence, and not induce, threaten or promise any person acquainted with the facts or tamper with evidence.ratio¶10
The applicant shall get the marriage registered within a period of three months on being enlarged on bail, subject to the consent of the victim.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Pankaj Bhatia, J.) allowed the bail application of Govind in Case Crime No.7 of 2024, P.S. Pali, District Hardoi, under sections 363, 366, 376 IPC and section 3/4 POCSO Act. The FIR arose from a missing person report alleging enticement of the informant's daughter aged about 17 years. The victim's statements under sections 161 and 164 Cr.P.C. did not support the prosecution story and recorded that both had married, a factum the applicant accepted. Holding the applicant, in custody since 02.03.2024, entitled to bail, the Court directed release on a personal bond and two reliable sureties of Rs.20,000/- each, with usual conditions, and additionally directed registration of the marriage within three months of enlargement, subject to the victim's consent, with liberty to the victim to move for cancellation of bail if the applicant resiled from his undertaking.

Neutral Citation No. - 2024:AHC-LKO:63517

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9747 of 2024

Applicant :- Govind Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Smriti Counsel for Opposite Party :- G.A.

Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the applicant, learned AGA and perused the record.

The accused-applicant seeks bail in Case Crime No.7 of 2024 under sections 363, 366, 376 IPC and section 3/4 POCSO Act, P.S. Pali, District Hardoi.

In terms of the FIR, a missing person report was lodged alleging that the daughter of the informant aged about 17 years was enticed by some unknown person. In the statement under sections 161 and 164 Cr.P.C., the victim did not support the prosecution story and stated that both of them have married. The applicant also accepts the factum of marriage.

Considering the two statements not supporting the prosecution story, the applicant who is in custody since 02.03.2024 is entitled for the bail. Thus the bail application is allowed.

Let the applicant Govind 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.

The applicant shall get the marriage registered within a period of three months on being enlarged on bail subject to the consent of the victim.

In case the applicant resile from his undertaking, the victim would be at liberty to move the bail cancellation application.

Order Date :- 12.9.2024 VNP/-

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