Allowed

Bhagwan Patel v. State of U.P. and 3 Others

Allahabad HC1 Apr 2025BAIL/5463/2025

Case brief

AI extract

What is this about?

Bail granted; Allahabad High Court; Sameer Jain, J.; order dated 16.4.2025; CRIMINAL MISC. BAIL APPLICATION No. 5463 of 2025; Case Crime No. 286 of 2024; Sections 137(2), 65(1), 87 BNS; Section 5L/6 POCSO Act; Police Station Mohammadabad, District Ghazipur; contradictory statements of minor victim under Section 180 BNSS (love affair, voluntary departure, lived as husband and wife) and Section 183

What did the court decide?

Release of applicant Bhagwan Patel on bail in Case Crime No. 286 of 2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to c

Bhagwan Patel vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:55246

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5463 of 2025

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Applicant :- Bhagwan Patel Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Bhavya Sahai,Praveen Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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The instant bail application has been listed today before this Bench after the order of Hon'ble the Chief Justice dated 6.4.2025 by which the instant bail application has been nominated to this Bench.

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Supplementary affidavit on behalf of the applicant filed today, is taken on record.

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Sri Imran Khan, learned AGA, for the State, apprised the Court that notice has been served to the informant of the case on 4.2.2025, despite service of notice, none appeared on behalf of the informant.

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Heard Sri Bhavya Sahai and Sri Praveen Kumar Srivastava, learned counsels for the applicant and Sri Imran Khan, learned AGA, for the State.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.286 of 2024, under Sections 137(2), 65(1) and 87 BNS and Section 5L/6 POCSO Act, Police Station Mohammadabad, District Ghazipur during pendency of the trial.

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Learned counsel for the applicant submits that FIR of the present case was lodged against unknown persons with regard to enticement of the daughter of the informant, who studied in Class-

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XI.

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He further submits that during investigation when the statement of the victim was recorded under Section 180 BNSS then she categorically stated that she had love affair with the applicant and she, according to her own wish, had gone along with him and started living with as husband and wife. However, when her statement under Section 183 BNSS was recorded then she twisted the fact and stated that applicant forcibly made physical relationship with her but even from this statement also it reflects that she was having friendship with the applicant.

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He further submits that however as per High School Certificate the age of the victim at the time of incident was about 14 years but according to her ossification test report her radiological age was between 17-18 years, therefore, it reflects that her correct date of birth has not been mentioned in her school record and at this stage, it cannot be said that she is below 18 years of age.

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He further submits that applicant is also about 19 years of age, therefore, prima facie it appears to be a case of adolescent love.

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He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 26.10.2024, i.e., for the last more than five months.

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Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, as per allegation applicant committed rape with the minor daughter of the informant but from the statement of the

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victim recorded under Section 180 BNSS it reflects that she had love affair with the applicant and she, on her own, had gone along with him. However, from her statement recorded under Section 183 BNSS it reflects that according to her, applicant forcibly made physical relationship with her but even from her statement recorded under Section 183 BNSS it reflects that she was having friendship with the applicant. Further, there are material contradictions in her both the statements.

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Further, however, from the High School Certificate of the victim it reflects that she was about 14 years of age at the time of incident but as per her ossification test report her radiological age was about 17-18 years and considering this fact, the argument advanced by the learned counsel for the applicant, that her wrong date of birth was mentioned in her school record and actually she is aged about 18 years of age, cannot be ruled out at this stage.

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Further, applicant also appears to be 19 years of age and considering this fact and other materials available on record, the argument advanced by the learned counsel for the applicant that prima facie it appears to be a case of adolescent love, cannot be ruled out at this stage.

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Further, applicant is not having any previous criminal history and in the present matter he is in jail since 26.10.2024, i.e., for the last more than five months.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Bhagwan Patel 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 the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 16.4.2025 SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Bhagwan Patel v. State of U.P. and 3 Others

Case brief

What is this about?

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Bhagwan Patel v. State of U.P. and 3 Others

Case brief

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