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

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

What the court decided

AI extract

Outcome

Release of applicant Vipin on bail in Case Crime No. 344 of 2024 upon furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned, subject to the six enumerated conditions.

Issue for consideration

Should the accused-applicant be enlarged on bail in Case Crime No. 344 of 2024 (Sections 65(1) BNS and Section 3/4 of the POCSO Act, P.S. Khairabad, District Sitapur)? +1 more

Court's answer

On due consideration of the submissions, the record, the fact that the applicant has no criminal history, the improvement made by the victim in her statement and her denial to undergo medical examination, and without expressing any opinion on the merits of the case, the Court found it a fit case for enlarging the applicant on bail.

Ratio / Principle

Bail release was ordered subject to furnishing a personal bond and two reliable sureties each in the like amount, and to conditions: (i) no tampering with evidence during trial; (ii) no pressurising/intimidating prosecution witnesses; (iii) no inducement, threat or promise to dissuade disclosure to the Court or police; (iv) an undertaking not to seek adjournments on evidence dates, default being treated as abuse of liberty of bail; (v) presence at each trial date personally or through counsel, absence without sufficient cause attracting proceedings under Section 229-A IPC; (vi) misuse of bail liberty leading to proclamation under Section 82 Cr.P.C., failure to appear thereafter attracting proceedings under Section 174-A IPC.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 12), Hon'ble Karunesh Singh Pawar, J., Order Date 2.6.2025: Criminal Misc. Bail Application No. 12847 of 2024 of Vipin ALLOWED. Bail granted in Case Crime No. 344 of 2024 (Sections 65(1) BNS and Section 3/4 of the POCSO Act, P.S. Khairabad, District Sitapur) on consideration that the applicant has no criminal history, the victim made improvement in her statement under Sections 180/183 BNSS and further denied to undergo medical examination; no opinion expressed on merits. Release conditional on a personal bond and two reliable sureties each in the like amount, and on: non-tampering with evidence; non-intimidation of prosecution witnesses; no inducement, threat or promise; an undertaking against seeking adjournments on evidence dates (default treated as abuse of liberty of bail); presence at each trial date personally or through counsel (absence without sufficient cause attracting action under Section 229-A IPC); and, upon misuse of bail liberty with proclamation under Section 82 Cr.P.C. and failure to appear, proceedings under Section 174-A IPC. Complainant did not appear despite notices served.

Neutral Citation No. - 2025:AHC-LKO:34214

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12847 of 2024

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

Counsel for Applicant :- Bhanu Pratap Kushwaha,Mohammad Salman Counsel for Opposite Party :- G.A.

Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

None appears for the complainant although notices are served.

The present bail application has been filed by accused-applicant seeking bail in Case Crime No.344 of 2024, under Sections 65(1) BNS and Section 3/4 of the POCSO Act, P.S. Khairabad, District Sitapur.

Learned counsel for the applicant submits that statement of the victim under Sections 180 and 183 BNSS are contradictory, improvement has been made while giving statement under Sections 183 BNSS. Victim has refused to undergo medical examination. Applicant is innocent and has falsely been implicated in this case. The victim is major aged about 18-19 years as per the ossification test conducted by the Chief Medical Officer, Sitapur.

Learned A.G.A. has opposed the bail prayer.

On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant has no criminal history, improvement made by the victim in her statement and has further denied to undergo medical examination, without

expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

Accordingly, the bail application is allowed .

Let the applicant Vipin be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(iv) 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.

(v) 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.

(vi) 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.

Order Date :- 2.6.2025 Saurabh Yadav/-

Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench