Bail allowed in POCSO case due to contradictions in victim's statements, lack of medical corroboration, delayed FIR, prior enmity, and accused's clean record.
Bail granted on personal bond and two sureties with conditions ¶16
The bail application is allowed. The applicant Rohit Modanwal shall be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to conditions: (i) not tamper with prosecution evidence; (ii) not pressurize prosecution witnesses; (iii) appear on each date fixed by trial court unless exempted. ¶16-18
Neutral Citation No. - 2025:AHC-LKO:14060
Court No. - 29
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10971 of 2024
Applicant :- Rohit Modanwal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And 3 Others Counsel for Applicant :- Vilas Janardan Moghe,Vivek Kumar Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
father and told him about the incident. In the statement of the victim recorded under Section 164 Cr.P.C. she stated that after the incident she had first gone to her uncle but she could not meet him, she had gone to his father. The victim's statement has been recorded by the learned trial court, wherein she stated that there was an old animosity between the applicant and her family members.
in jail since 23.08.2024 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.
(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.
(Subhash Vidyarthi, J.)
Order Date :- 7.3.2025 Ram.
Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant Rohit Modanwal is entitled to bail in Case Crime No. 0059 of 2024 considering the delay in filing FIR, lack of medical evidence supporting sexual assault, contradictions in victim's statements, prior enmity between parties, and the applicant's clean criminal history and incarceration since 23.08.2024.¶14
5 provisions across 3 enactments
How this case reached the court
FIR registered on 06.03.2024 at Police Station Raniganj, District Pratapgarh for offences under Sections 363, 376AB, 506 IPC and Section 5M/6 POCSO Act¶8-9
Charge sheet filed on 21.04.2024¶12
Chalani report dated 05.03.2024 showing both parties challaned under Section 151/107/116 Cr.P.C. for minor altercation between children¶13
Applicant in jail since 23.08.2024¶14
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
