Dashrath Vs State of U.P. Thru. Prin. Secy… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Dashrath Vs State of U.P. Thru. Prin. Secy… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail granted to the applicant Dashrath 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 to tamper with prosecution evidence; (ii) not to pressurize prosecution witnesses; (iii) to appear on each and every date fixed by the trial Court.

Issue for consideration

Whether the applicant Dashrath, accused in Case Crime No.142 of 2024 under Sections 376 I.P.C. and Section 3/4 P.O.C.S.O. Act, is entitled to be released on bail.

Court's answer

Considering the facts and circumstances (including that the informant and the victim have turned hostile and the medico-legal examination revealed no mark of injury or sign of use of force), the applicant is entitled to be released on bail in the aforesaid crime.

Ratio / Principle

The bail application is allowed; the applicant is to 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 that he shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on each and every date fixed by the trial Court.

Detailed headnote1 paragraphs

Bail — offence under Sections 376 I.P.C. and Section 3/4 P.O.C.S.O. Act (Case Crime No.142 of 2024, P.S. Baldirai, District Sultanpur) — F.I.R. dated 11.06.2024 alleging rape of the informant's 15-year-old daughter on the night of 10.06.2024 — victim supported the F.I.R. version in her statements under Sections 161 and 164 Cr.P.C., but medico-legal examination revealed no mark of injury or sign of use of force and the pathological examination report was not in the case diary — charge-sheet submitted on 29.06.2024 — at trial, the informant and the victim both turned hostile — applicant claimed to be 70 years old, innocent, with no criminal history, allegedly falsely implicated — A.G.A.-I opposed the bail application, submitting that information of the application was delivered to the informant through police — Held, the applicant was entitled to be released on bail; bail allowed on furnishing a personal bond and two sureties each in the like amount, subject to conditions of not tampering with evidence, not pressurizing witnesses, and appearing on every date fixed by the trial Court.

Neutral Citation No. - 2025:AHC-LKO:26352

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11534 of 2024

Applicant :- Dashrath

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko And 3 Others

Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Shri Ramakar Shukla, learned counsel for the applicant, Shri Mohd. Asif Khan, learned A.G.A.-I for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.142 of 2024 under Sections 376 of I.P.C. & Section 3/4 of P.O.C.S.O. Act registered at Police Station- Baldirai, District- Sultanpur.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.06.2024 alleging that the applicant had raped the informant's 15 years old daughter in the night of 10.06.2024.

The victim had supported the F.I.R. version in her statement recorded under Section 161 Cr.P.C. but her medico-legal examination report reveals no mark of injury or sign of use of force. The pathological examination of the victim is not available in the case diary.

In the statement of the victim recorded under Section 164 Cr.P.C., she reiterated her earlier version.

In the affidavit filed in support of the bail application, it has been stated that the applicant is a 70 years innocent having no criminal history and he has been falsely implicated in the present case.

The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge-sheet submitted on 29.06.2024.

A supplementary affidavit has been filed on behalf of the applicant annexing therewith copies of statements of the victim, the informant and the Doctor recorded by the trial Court. The

informant and the victim both have turned hostile.

Learned A.G.A.-I has opposed the bail application and he has submitted that information of the present application has been delivered to the informant through police.

Having considered the aforesaid facts and circumstances of the case, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime.

Accordingly, this bail application stands allowed .

Let the applicant- Dashrath be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

(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.

[Subhash Vidyarthi, J.]

Order Date :- 6.5.2025

-Amit K-

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