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

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

What the court decided

AI extract

Outcome

Applicant Dhaniram Kori to be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to 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, unless his appearance is exempted by the learned trial court.

Issue for consideration

Whether the applicant Dhaniram Kori, booked in Case Crime No. 0324 of 2024 under Sections 74 and 70(2) B.N.S. and Section 5(g)/6 POCSO Act (P.S. Katra Bazar, District Gonda), is entitled to be released on bail.

Ratio / Principle

The applicant is entitled to be released on bail on the ground of parity, as the allegations against him are similar to those levelled against co-accused Mayaram Kori, who has already been enlarged on bail by this Court, and neither the State nor the informant's counsel disputed this similarity.

Detailed headnote1 paragraphs

Bail granted on parity (High Court of Judicature at Allahabad, Lucknow Bench, Subhash Vidyarthi J., order dated 7.5.2025): Dhaniram Kori, charged in Case Crime No. 0324 of 2024 under Sections 74 and 70(2) B.N.S. and Section 5(g)/6 POCSO Act, P.S. Katra Bazar, District Gonda (F.I.R. dated 20.08.2024 alleging molestation of the informant's 16-year-old daughter by the applicant and Mayaram Kori while under influence of liquor; rape alleged in the victim's Section 183 B.N.S.S. statement; medico-legal report showing nothing significant), was allowed bail because his allegations are similar to those against co-accused Mayaram Kori, who had already been enlarged on bail by order dated 03.03.2025 passed in Criminal Misc. Bail Application No.1155 of 2025, and the State as well as the informant's counsel did not dispute the similarity. Release ordered on a personal bond and two sureties each in the like amount, with conditions against tampering with prosecution evidence, pressurizing prosecution witnesses, and requiring appearance on every date fixed by the trial court unless exempted.

Neutral Citation No. - 2025:AHC-LKO:26886

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 271 of 2025 Applicant :- Dhaniram Kori Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Applicant :- Pradeep Kumar Shukla Counsel for Opposite Party :- G.A.,Santosh Kumar Tripathi

Hon'ble Subhash Vidyarthi,J.

Heard Sri Pradeep Kumar Shukla, learned counsel for the applicant, Ms. Nikita Mishra, learned Additional Government Advocate for the State, as well as Sri Santosh Kumar Tripathi, learned counsel for the informant and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.0324 of 2024, under Sections 74 and 70(2) B.N.S. and Section 5(g)/6 POCSO Act, registered at Police Station Katra Bazar, District Gonda.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.08.2024 against the applicant and Mayaram Kori, stating that both the accused persons had molested the informant's daughter aged 16 years at about 2 p.m. on 20.08.2024 while both of them were under influence of liquor.

In the statements of the informant and that of the victim recorded under Section 180 B.N.S.S., both of them have reiterated the FIR version.

The medico legal examination report of the victim reveals nothing significant.

In the statement of the victim recorded under Section 183 B.N.S.S., she alleged commission of rape by both the accused persons.

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 accused person- Mayaram Kori has already been enlarged on bail by this Court by means of an order dated 03.03.2025 passed in Criminal Misc. Bail Application No.1155 of 2025.

The learned Additional Government Advocate as well as learned counsel for the informant has opposed the bail application but they did not dispute that the allegations against the applicant are similar to the allegations levelled against the co-accused person, who has already been enlarged on bail.

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

Accordingly, this bail application stands allowed .

Let the applicant - Dhaniram Kori be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court.

Subhash Vidyarthi, J.]

Order Date :- 7.5.2025MVS/-

Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench