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

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

What the court decided

AI extract

Outcome

Applicant Mohit to be released on bail in Case Crime No. 108 of 2018 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 Mohit should be enlarged on bail in Case Crime No. 108 of 2018 under Sections 363, 366, 376 I.P.C. & 3/4 P.O.C.S.O. Act, Police Station Baniganj, District Hardoi.

Court's answer

Considering that the victim initially stated she had gone with the applicant out of her own free will, the medico-legal examination showing no mark of injury or sign of use of force, the applicant having no criminal history, his incarceration since 22.05.2024, and that the investigation stands concluded, the Court held the facts sufficient to make out a case for enlarging the applicant on bail.

Ratio / Principle

The bail application was allowed.

Key takeaways

The applicant Mohit was directed 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.ratio¶¶18

Detailed headnote1 paragraphs

Bail granted — Case Crime No. 108 of 2018, Police Station Baniganj, District Hardoi, under Sections 363, 366, 376 I.P.C. & 3/4 P.O.C.S.O. Act, arising from an F.I.R. dated 20.04.2018 alleging enticement of the informant's daughter aged about 13 years. The victim's Section 161 Cr.P.C. statement recorded her as aged 18 and as having gone with the applicant out of her own free will and married him at an Arya Samaj Temple on 05.05.2018; her Section 164 Cr.P.C. statement alleged forcible taking away while she was 'not in a healthy state of mind'. The medico-legal examination mentioned no mark of injury or sign of use of force; the radiological examination opined her age to be about 17 years. The applicant had no criminal history, was in jail since 22.05.2024, and the investigation stood concluded (charge-sheet dated 25.11.2018). Holding these facts sufficient, the Court allowed the bail application and directed release on a personal bond with two sureties each in the like amount, subject to conditions of non-tampering, non-pressure on witnesses, and appearance on every date fixed by the trial Court.

Neutral Citation No. - 2025:AHC-LKO:25940

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 Subhash Vidyarthi,J.

Heard Shri Sushil Kumar Gupta, learned counsel for the applicant, Shri Ashok Srivastava, learned A.G.A. for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.108 of 2018 under Sections 363, 366, 376 I.P.C. & 3/4 P.O.C.S.O. Act registered at Police Station- Baniganj, District- Hardoi.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.04.2018 alleging that the applicant had enticed away the informant's daughter aged about 13 years on 17.04.2018.

In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she is aged 18 years and she had gone with the applicant out of her own free will and had married him at Arya Samaj Temple on 05.05.2018.

The medico-legal examination report mentions no mark of injury or sign of use of force. The radio-logical examination report has opined the age of the victim to be about 17 years.

In the statement of the victim recorded under Section 164 Cr.P.C., she stated that she is related to the applicant and the applicant had forcibly taken her away. She stated that the applicant had married her about two months ago but at that point of time, she was not in a healthy state of mind and she regained her mental health one day ago.

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

The State has filed a counter affidavit annexing therewith

copies of material collected during investigation and a copy of charge-sheet submitted on 25.11.2018.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that initially, the victim stated that she had gone with the applicant out of her own free will; the medico-legal examination report mentions no mark of injury or sign of use of force coupled with the fact that the applicant has no criminal history and he is languishing in jail since 22.05.2024 whereas the investigation already stands concluded, 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.

Accordingly, this bail application stands allowed .

Let the applicant- Mohit 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 :- 5.5.2025 -Amit K-

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