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

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

What the court decided

AI extract

Outcome

Bail application allowed; applicant Rajeev 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.

Issue for consideration

Whether the applicant Rajeev, arraigned in Case Crime No. 209 of 2024 under Sections 363, 366, 376(2)(n) I.P.C., Section 5(L)/6 POCSO and Section 3(2)5 of the Scheduled Castes and Scheduled Tribes Act, is entitled to be released on bail.

Court's answer

Having considered that the victim did not allege use of force, went with the applicant out of her own free will, was dropped back home on request, and stated the applicant committed no misdeed with her, coupled with the applicant having no criminal history and being in jail since 01.08.2024 with the investigation concluded, the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

Detailed headnote1 paragraphs

Bail — Case Crime No. 209 of 2024, P.S. Phardahn, District Kheri, under Sections 363, 366, 376(2)(n) I.P.C., Section 5(L)/6 of Protection of Children from Sexual Offences Act and Section 3(2)5 of Scheduled Castes and Scheduled Tribes Act — F.I.R. dated 29.06.2024 alleging enticement of informant's daughter aged 14 years — victim's statements under Section 161 Cr.P.C. state she left with the applicant (her mausa) after her grand-mother scolded her, physical relations occurred at her own asking, and the applicant dropped her back home; she categorically stated no misdeed was committed against her — medico legal report shows no mark of injury or sign of use of force; radiological age opined between 1416 (14-16) years; no spermatozoa in vaginal smear — applicant has no criminal history, in jail since 01.08.2024, charge-sheet dated 03.09.2024 filed and investigation concluded — bail application allowed with conditions (no tampering with evidence, no pressurizing witnesses, appearance on every date fixed).

Neutral Citation No. - 2025:AHC-LKO:30559

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12088 of 2024

Applicant :- Rajeev Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Amit Kumar Awasthi Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Amit Kumar Awasthi, the learned counsel for the applicant as well as Ms. Nikita Mishra, the learned A.G.A. for the State and perused the record.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 209 of 2024, under Sections 363, 366, 376(2)(n) I.P.C., Section 5(L)/6 of Protection of Children from Sexual Offences Act and Section 3(2)5 of Scheduled Castes and Scheduled Tribes Act, registered at Police Station Phardahn, District Kheri.

The aforesaid case has been registered on the basis of F.I.R. lodged on 29.06.2024, stating that the applicant had enticed away the informant's daughter aged 14 years on.21.06.2024.

In the statement of the victim recorded under Section 161 Cr.P.C., she stated that her grand-mother had scolded her and, therefore, she had gone away with her mausa and she had come back with him. She categorically stated that no misdeed was committed against her.

The medico legal examination report of the victim mentions no mark of injury or sign of use of force. As per radio-logical examination report, her age has been opined to be between 1416 years.

The pathological examination report of the victim mentions no spermatozoa seen in the vaginal smear slide.

In the statement of the victim recorded under Section 161 Cr.P.C., she stated that the applicant is her mausa and she herself has asked him to take her with him. She stated that the applicant had made physical relations with her at her home at her own asking. When she expressed a desire to go home, the applicant dropped her back home.

In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, 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 the charge-sheet dated 03.09.2024.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that victim has not alleged use of force by the applicant and she has categorically stated that she had gone with the applicant out of her own free will; the applicant dropped her back home when she asked him to do so and she has categorically stated that the applicant has not committed any misdeed with her, coupled with the fact that the applicant has no criminal history and he is languishing in jail since 01.08.2024 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.

Accordingly, this bail application stands allowed.

Let the applicant- Rajeev be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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 :- 22.5.2025 Preeti.

Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench