Allowed

Sudheer v. State of U.P. Thru.Prin.Secy. Home Deptt. and 3 Others

Allahabad HC22 Apr 2024BAIL/4364/2024

Case brief

AI extract

What is this about?

Court allowed bail in a criminal matter involving IPC and POCSO sections. Despite serious offences, doubts existed regarding the victim's stay at the co-accused's house. No flight risk established. Bail granted with personal bond and sureties.

What did the court decide?

Applicant released on bail on furnishing personal bond with two reliable sureties each.

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

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Neutral Citation No. - 2024:AHC-LKO:37988

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Court No. - 21

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4364 of 2024

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Applicant :- Sudheer Opposite Party :- State Of U.P. Thru.Prin.Secy. Home Deptt. And 3 Others Counsel for Applicant :- Santosh Kumar Kanaujia,Tufail Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the applicant and learned AGA for the State-respondent.

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By means of the instant bail application, the applicant seeks bail in respect of Case Crime No.431 of 2023, under Sections 363, 366, 344, 376-D, 313, 323, 506 IPC and Section 5g/6 of POCSO Act, relating to Police Station Sadarpur,District Sitapur.

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The submission of the learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the case.

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As per the version contained in the FIR, the victim was said to be minor and was lured and confined by the brother of the applicant namely Rahul and that they committed wrongs with the victim, for almost two years. Further it is alleged in the FIR that the victim became pregnant and was induced and forced to abort at a hospital in Mahmudabad due to which the victim had serious health issues in later days.

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Submission of the learned counsel for the applicant is that both the applicant and the victim reside in neighboring village. It is most improbable that the victim would have resided in the house of the co-accused Rahul for about 2 years. The allegation that she was kept in captivity is most incredible.

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It is further submitted by the learned counsel

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that general allegations have been levelled against the applicant, no allegation of rape is stated against the applicant or any co-accused by the victim in her statement before the Investigating Officer under section 161 Cr.P.C. Furthermore the statement of the victim under section 164 Cr.P.C revealed that the victim herself was the consenting party. It is also urged that on 26.12.2023, the victim was produced before the doctor in district women hospital, Sitapur but victim as well as mother of the victim has refused her medical examination, thereafter on 28.12.2023, the radiological report of the victim was prepared and the said report revealed that the victim was 18-19 years. There was no injury found on the body of the victim and medical report does not support the prosecution version.

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The applicant is in jail since 14.03.2024 and there is no criminal history of the applicant. Apart from the fact that the applicant is ready to face trial and he has roots in the society and has a stable family and neither he is at flight risk nor in a position to influence any witness or tamper with any evidence as the chargesheet has already been filed.

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It is further submitted that the co-accused Girdhari Lal has already been granted anticipatory bail by this Court by means of order dated 9.5.2024 passed in Criminal Misc. Anticipatory Bail Application No.970 of 2024. The copy of the aforesaid bail order is provided to the Court for its perusal.

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Learned A.G.A. has opposed the prayer for bail, however, could not dispute the aforesaid facts.

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Apparently the version of the victim that she was staying in the house of the co-accused Rahul where his entire family was also present and that too for two years and no complaint was made by the family of the victim who are also in neighboring vicinity appears a little doubtful, hence at this stage, considering the rival submissions, the facts and circumstances of the case and the material available on record as well

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as considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.

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Let the applicant Sudheer involved in FIR/Case Crime No.431 of 2023, under Sections 363, 366, 344, 376-D, 313, 323, 506 IPC and Section 5g/6 of POCSO Act, relating to Police Station Sadarpur, District Sitapur, be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.

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At the time of executing required sureties the following conditions shall be imposed in the interest of justice.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 17.5.2024 ank

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Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench

Sudheer v. State of U.P. Thru.Prin.Secy. Home Deptt. and 3 Others

Case brief

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Sudheer v. State of U.P. Thru.Prin.Secy. Home Deptt. and 3 Others

Case brief

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