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

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

What the court decided

AI extract

Outcome

Applicant Rajesh Kumar @ Rajesh to be released on bail in Case Crime No. 417/2014 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; (iii) he shall appear on each and every date fixed by the trial court.

Issue for consideration

Whether the applicant, Rajesh Kumar @ Rajesh - who was added by name by the victim during her examination-in-chief before the trial court and thereupon summoned under Section 319 Cr.P.C. in Case Crime No. 417/2014 (Section 376 IPC & Section 3/4 POCSO Act), despite her earlier Section 161/164 Cr.P.C. statements naming only Pankaj and her subsequent hostile testimony disclaiming the applicant's presence and wrongdoing - is entitled to be released on bail.

Court's answer

This court holds the applicant entitled to be released on bail, having considered the facts that the victim's statements under Sections 161/164 Cr.P.C. named only co-accused Pankaj, that the applicant was added by name only during her trial-court examination-in-chief and summoned under Section 319 Cr.P.C., that she thereafter turned hostile stating the applicant was not present at the incident and, in cross-examination by the Assistant Prosecution Officer, stated he had committed no misdeed against her, and that the applicant claims to be innocent and without criminal history.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Subhash Vidyarthi, J. - Criminal Misc. Bail Application No. 5129 of 2024 (neutral cit. 2025:AHC-LKO:23933) of Rajesh Kumar @ Rajesh allowed (order dated 25.4.2025). Applicant was charged in Case Crime No. 417/2014 (Section 376 IPC & Section 3/4 POCSO Act, P.S. Chanda, District Sultanpur), registered on an F.I.R. of 15.08.2014 against Pankaj, Mukund and Jeet Lal for alleged rape of the informant's 12-year-old daughter; her statements under Sections 161/164 Cr.P.C. named only Pankaj, but during her examination-in-chief before the trial court she added the applicant's name, leading to his summons under Section 319 Cr.P.C.; she then turned hostile, stating the applicant was not present at the incident and, in cross-examination by the Assistant Prosecution Officer, that he had committed no misdeed against her. Court concluded the applicant was entitled to bail and ordered release on a personal bond and two sureties each in the like amount, subject to conditions of not tampering with prosecution evidence, not pressurizing prosecution witnesses, and appearing on every trial-court date.

Neutral Citation No. - 2025:AHC-LKO:23933

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5129 of 2024

Applicant :- Rajesh Kumar @ Rajesh Opposite Party :- State Of U.P.Thru. Prin. Secy. Home Civil Secrt. Lko. And 3 Others

Counsel for Applicant :- Suresh Kumar Yadav,Prashansa Singh,Shiv Shankar Singh Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Ms. Prashansa Singh, learned counsel for the applicant, Sri Jayant Singh, learned AGA-I for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 417/2014, under Section 376 IPC & Section 3/4 POCSO Act, Police Station Chanda, District Sultanpur.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.08.2014 against three persons, namely, Pankaj, Mukund and Jeet Lal stating that while the informant's daughter aged 12 years had gone to attend the call of nature at 06:00 a.m. on 15.08.2014, Pankaj took her to jungle and raped her.

In the statements of the victim recorded under Section 161 Cr.P.C. as well as 164 Cr.P.C., she stated that only Pankaj had raped her. During her examination-in-chief before the trial court, the victim added the name of the applicant also whereafter the applicant was summoned under Section 319 Cr.P.C. However, later on the victim turned hostile and she stated that the applicant was not present at the time of the

incident and, therefore, she has been declared hostile. Even during cross examination conducted by the Assistant Prosecution Officer, the victim stated that the applicant had not committed any misdeed against her.

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.

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

Accordingly, this bail application stands allowed .

Let the applicant - Rajesh Kumar @ Rajesh be released on bail in the aforementioned 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.

[Subhash Vidyarthi, J.]

Order Date :- 25.4.2025 Pradeep/-

Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench