Harsh @ Harish vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:44674

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5600 of 2025

Applicant :- Harsh @ Harish Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sunil Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Sunil Kumar Yadav, learned counsel for the applicant, Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record.

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Learned A.G.A. has informed that the notice to the informant has been served on 22.12.2024.

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Applicant seeks bail in Case Crime No.97 of 2024, Session Case No.427 of 2024, under Sections 363, 366 and 376 I.P.C. and Section 3/4 POCSO Act, Police Station Nidhauli Kalan, District Etah, during the pendency of trial.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The consent of the victim can be drawn from the fact that she had travelled with the applicant to several places by different modes of transportation. The victim by her looks seems to be major, although as per class-Vth school certificate, her date of birth is 07.08.2007, as such, her age comes out to be 16 years, 9 months and 12 days. Learned counsel has further stated that the said certificate has no value in the eyes of law being hit by Section 94 of Juvenile Justice (Care and Protection of Children) Act. There is no medical corroboration of the incident.

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Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 11.06.2024 and he is ready to cooperate

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with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned State Law Officer has vehemently opposed the bail application.

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In the case of P. Yuvaprakash vs State Rep. by Inspector of Police, AIR 2023 SC 3525 , the Supreme Court has observed that in the absence of records relating to the birth of the victim, no other documents except the Matriculation or equivalent certificate from the concerned examination board or certificate by a corporation, municipal authority or a Panchayat can be relied upon to ascertain the age of the victim.

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The Supreme Court in the case of Niranjan Singh and another vs. Prabhakar Rajaram Kharote and Others, AIR 1980 SC 785 has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

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Let the applicant- Harsh @ Harish , who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with evidence.

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(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a

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ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 1.4.2025 (Ravi Kant)

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(Justice Krishan Pahal)

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

Harsh @ Harish v. State of U.P. and 3 Others

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Harsh @ Harish v. State of U.P. and 3 Others

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