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

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

What the court decided

AI extract

Outcome

Bail application allowed; applicant Harendra Kumar to be released on bail in Case Crime No.0504 of 2023 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) he shall not tamper with the prosecution evidence; (ii) he shall not pressurize the prosecution witnesses; and (iii) he shall appear on each and every date fixed by the trial court unless exempted by the learned trial court.

Issue for consideration

Whether the applicant Harendra Kumar is entitled to be released on bail in Case Crime No.0504 of 2023 under Sections 363, 366, 376 IPC and Section 3/4 of the POCSO Act, 2012, registered at P.S. Purakalandar, District Ayodhya.

Court's answer

Having regard to the victim's consistent statements that she had known and loved the applicant for the past two years without levelling any allegation of misdeed against him, coupled with the conclusion of the investigation, the applicant was held entitled to be released on bail.

Detailed headnote1 paragraphs

Bail — Grant of bail — Kidnapping/rape allegations arising from alleged elopement (Case Crime No.0504 of 2023, P.S. Purakalandar, District Ayodhya; Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, 2012). FIR lodged 13.11.2023 by brother of a girl aged 17 years (educational-record DOB 15.06.2007). In her statements under Sections 161 and 164 Cr.P.C. the victim consistently stated she had known the applicant for two years, loved him, wished to marry him and had left home with him voluntarily, travelling to Delhi and Bihar; the medico-legal examination showed no injury or sign of use of force. Investigation stood concluded and a charge-sheet dated 20.07.2024 was filed; the applicant's involvement in one other criminal case (in which he had been granted bail) was disclosed. Held, considering the victim's consistent statements and the absence of any allegation of misdeed, coupled with the concluded investigation, the applicant was entitled to bail; bail allowed on personal bond and two sureties, with conditions against tampering with evidence, pressurising witnesses, and requiring appearance on every trial date. (Subhash Vidyarthi, J.; order dated 5.4.2025; Neutral Citation No. 2025:AHC-LKO:19245.)

Neutral Citation No. - 2025:AHC-LKO:19245

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 384 of 2025

Applicant :- Harendra Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko. And 3 Others Counsel for Applicant :- Raghaw Ram Upadhyay,Pradeep Kumar Singh Vats Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Pradeep Kumar Singh Vats, learned counsel for the applicant, Sri Jayant Singh Tomar, learned Additional Government Advocate for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.0504 of 2023, under Sections 363, 366 and 376 IPC and Section 3/4 Protection of Children from Sexual Offences Act, 2012, registered at Police Station Purakalandar, District Ayodhya.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.11.2023 alleging that the informant's sister aged 17 years had gone out of her home at 10 a.m. on 12.11.2023 but she did not come back. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she knows the applicant for the past two years, she expressed a desire to marry the applicant but her family members did not agree, therefore, she had gone with the applicant to Delhi and from there they went to Bihar. Upon coming to know about lodging of the FIR, she came back. The medico-legal examination report of the victim does not mention any mark of injury or sign of use of force. In the statement of the victim recorded under Sections 164 Cr.P.C. also, she stated that she knows the applicant for the last two years and she loves him. As per educational record, date of birth of the victim is 15.06.2007.

In the affidavit filed in support of bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

The State has filed its counter affidavit annexing therewith the materials collected during investigation as well as copy of charge-sheet dated 20.07.2024, disclosing the applicant's

involvement in another criminal case.

A supplementary affidavit has been filed on behalf of the applicant, disclosing his involvement in another criminal case in which has been granted bail.

Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she stated that she loves the applicant for the past two years and she has not levelled any allegation of any misdeed committed by the applicant coupled with the fact that the investigation stands concluded, I am of the view that the applicant is entitled to be released on bail.

Accordingly, this bail application stands allowed .

Let the applicant- Harendra Kumar 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 :- 5.4.2025 MVS/-

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