Bail application under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act. Applicant in jail since October 2022; a claimed Arya Samaj marriage certificate was produced. As the prosecutrix was absent, the court could not verify the marriage or whether she left voluntarily; her father appeared. Further listing ordered.
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Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11537 of 2024
Applicant :- Mohit Opposite Party :- State Of U.P. Thru. Secy. Home U.P. Lko. And 3 Others Counsel for Applicant :- Sushil Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
On 21.11.2024, following order was passed by this Court:-
"1. Heard Sri Sushil Kumar Gupta, learned counsel for the applicant and Sri Ravi Srivastava, learned AGA for the State.
2. Learned AGA has filed counter affidavit, the same is taken on record.
3. As per learned counsel for the applicant, the present applicant is in jail since 12.10.2022 in Case Crime No.108 of 2018, under Sections 363, 366, 376 IPC and Section 3/4 of POCSO Act, Police Station Beniganj, District Hardoi.
4. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards Annexure No.6 of the bail application, which is Marriage Certificate being issued by Arya Samaj Mandir, Aliganj, Lucknow and some photographs of marriage allegedly solemnized between the applicant and the prosecutrix. However, after recording the statement of the prosecutrix, her custody has been handed over to her parents.
5. So as to verify the aforesaid fact, presence of the prosecutrix and the complainant would be required on the next date.
6. List on 04.12.2024.
7. On that date, the complainant/ informant as well as the victim/ prosecutrix shall appear in person.
8. Station House Officer, Police Station ? Beniganj, District Hardoi shall ensure the presence of aforesaid persons.
9. Learned AGA shall intimate this order to the Station House Officer, Police Station Beniganj, District Hardoi telephonically, e-mail, WhatsApp or any other convenient mode within 48 hours for its compliance."
While considering Annexure 6 appended with the bail application, this Court directed the Station House Officer, Police Station Beniganj, District Hardoi to ensure presence of
the applicant as well as the prosecutrix. In compliance of the said order, the applicant is present from jail and father of the prosecutrix is also produced before this Court.
Father of the prosecutrix submits that he lodged an F.I.R. and thereafter, the daughter was recovered but, subsequently, she went away and he did not lodge any F.I.R. with respect to the same.
While making direction on 21.11.2024, it was to be ensured that whether the prosecutrix went away on her own sweet will or she was taken away forcibly by the applicant and rape was committed and secondly, whether the applicant and prosecutrix have solemnized marriage?
On account of non availability of the prosecutrix, this fact cannot be ascertained at this stage.
In view of the above, appearance of the applicant, the father of the prosecutrix and also the police personnel, who brought them before the Court are hereby exempted.
List/put up this matter on 10.12.2024.
Order Date :- 4.12.2024 Ram Murti
Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether bail should be granted to the applicant in a POCSO/IPC kidnapping and rape case pending verification of an alleged marriage with the prosecutrix.
2 provisions across 2 enactments
Mohit
State of U.P. thru Secy. Home U.P. Lko.
Shree Prakash Singh
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
Shree Prakash Singh
