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

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

What the court decided

AI extract

Outcome

Applicant Ritesh released on bail in Case Crime No. 177/2024 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 tampering with prosecution evidence; (ii) not pressurizing prosecution witnesses; (iii) appearing on each and every date fixed by the trial court.

Issue for consideration

Whether the applicant Ritesh, arraigned in Case Crime No. 177/2024 under Sections 352, 351(3), 69 B.N.S., 5/6 POCSO Act and 3(2)5, 3(1) DA, DHA, 3(2)5A S.C./S.T. Act, Police Station Bewana, District Ambedkar Nagar, is entitled to be released on bail.

Court's answer

Decisive consideration: the prosecutrix, in her statements recorded by the Investigating Officer, the doctor and the Magistrate, did not allege commission of rape by the applicant; she has consistently stated that she loves the applicant and wants to marry him, and she levelled no allegation against the applicant when produced before this Court.

Ratio / Principle

On the aforesaid facts and circumstances, and considering that the applicant is a young man aged 19 years with no criminal history who has been languishing in jail since 15.12.2024, the applicant is entitled to be released on bail.

Key takeaways

Bail granted: the applicant is to be released 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¶¶17

Detailed headnote1 paragraphs

Bail granted — High Court of Judicature at Allahabad, Lucknow Bench (Subhash Vidyarthi, J.), 17.03.2025 — Criminal Misc. Bail Application No. 1678 of 2025 — Applicant, aged about 19 years with no criminal history, in jail since 15.12.2024, sought bail in Case Crime No. 177/2024, P.S. Bewana, District Ambedkar Nagar, under Sections 352, 351(3), 69 B.N.S., 5/6 POCSO Act and 3(2)5, 3(1) DA, DHA, 3(2)5A S.C./S.T. Act, arising from an F.I.R. dated 12.12.2024 alleging exploitation of the informant's daughter under a marriage allurement and an incident of 09.12.2024. The prosecutrix, whose age was medically assessed at 16-17 years (educational record date of birth 20.06.2007), in her statement under Section 180 BNSS, to the doctor, and before the Court made no allegation of rape and consistently expressed her love for and desire to marry the applicant; the second medico-legal examination (21.12.2024) recorded no sign of sexual violence and no injury. Held: the applicant is entitled to bail; released on personal bond and two sureties each in the like amount, with conditions against tampering with evidence, pressurizing witnesses, and requiring appearance on every trial date.

Procedural history

How this case reached the court

AI extract

Prior proceeding
F.I.R. lodged on 12.12.2024 against the applicant and his parents, alleging the informant belongs to Scheduled Caste.¶¶9
Prior proceeding
FIR alleges the applicant physically exploited the informant's daughter for the past two years under allurement of marrying her.¶¶9
Prior proceeding
FIR alleges the applicant forcibly entered the informant's house at about 03:00 p.m. on 09.12.2024 and was caught by the informant while committing the misdeed against her daughter.¶¶9
Prior proceeding
Prosecutrix taken to Combined District Hospital, Ambedkar Nagar on 13.12.2024 but declined medico-legal examination; on examination on 21.12.2024 the report mentions no sign of any sexual violence and no injury on any part of the body, and records no history of sexual violence; she told the doctor no misdeed had been committed against her.¶¶11
Prior proceeding
Medical opinion puts the prosecutrix's age at about 16-17 years; educational record shows her date of birth as 20.06.2007.¶¶11
Prior proceeding
In her statement under Section 180 BNSS the prosecutrix said she has known the applicant for the past three years and both wish to marry each other, but the applicant's family members are not agreeing to the marriage.¶¶11
Prior proceeding
Applicant languishing in jail since 15.12.2024.¶¶15
Prior proceeding
The informant and the prosecutrix were produced before this Court by Sri Sachindra Kumar Mishra, Sub Inspector, and Ms. Shruti Yadav, Lady Constable, Police Station Bewana, District Ambedkar Nagar.¶¶7
Prior proceeding
The prosecutrix appeared before this Court but declined to make any statement.¶¶12
Prior proceeding
Affidavit in support of the bail application states the applicant is aged about 19 years, was falsely implicated, and has no criminal history.¶¶13
Prior proceeding
The instant bail application was filed in compliance of an order dated 21.02.2025 (nature and forum of that order are not stated in the text).¶¶8