Allowed

Pavan Kumar v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lko. and 3 Others

Allahabad HC5 May 2025BAIL/596/2025

Case brief

AI extract

What is this about?

Regular bail granted; POCSO case with BNS Sections 137(2), 87 and 64; enticement of minor girl aged 13 per FIR dated 16.10.2024; victim's consistent statements of voluntary departure and marriage, no misdeed alleged; radiological age 17-18 years; victim declined medico-legal examination; applicant aged 24, no criminal history; custody since 13.11.2024; charge-sheet dated 01.12.2024; investigation

What did the court decide?

Release of applicant Pavan Kumar on bail in Case Crime No. 0392 of 2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, su

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

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Neutral Citation No. - 2025:AHC-LKO:25794

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 596 of 2025

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Applicant :- Pavan Kumar

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Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lko. And 3 Others

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Counsel for Applicant :- Himanshu Shukla Counsel for Opposite Party :- G.A.,Parashu Ram Kanaujia

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Hon'ble Subhash Vidyarthi,J.

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Although the short-term bail application moved on behalf of the applicant is listed today, the same has been put up before the Court along with record of the bail application.

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The bail application is being heard with the consent of Shri Anshuman Verma, learned Additional Government Advocate and the learned counsel for the informant.

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Heard Sri Himanshu Shukla, learned counsel for the applicant, Sri Anshuman Verma, learned Additional Government Advocate for the State as well as Shri Abhaimani, Advocate, holding brief of Sri Parashu Ram Kanaujia, learned counsel for the informant and perused the records.

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The instant application has been filed seeking release of the applicants on bail in Case Crime No.0392 of 2024, under Sections 137(2), 87 and 64 B.N.S. and Section 3/4 POCSO Act, registered at Police Station Kotwali Nagar, District Sitapur.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.10.2024 against the applicant, his father and brother, stating that the applicant had enticed away the informant's daughter aged 13 years on 14.10.2024.

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In the statement of the victim recorded under Section 180 B.N.S.S.,

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she stated that she knows the applicant for the past four years. She requested her family members to get her married to the applicant but her family members did not agree for the same and they were trying to get her married to someone else and, therefore, she had gone away to Ludhiana where she called the applicant. The applicant received her, married her and kept her with him as his wife. Upon coming to know about lodging of the FIR, she came back with the applicant. She has categorically stated that no misdeed was committed against her.

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The victim declined to undergo medico-legal examination.

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As per radiological examination, age of the victim has been opined to be about 17-18 years.

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In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 24 years have no criminal history and he has been falsely implicated in the present case.

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The State has filed its counter affidavit annexing therewith the materials collected during investigation and a copy of the charge-sheet dated 01.12.2024

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Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she has not alleged commission of any misdeed by the applicant; that the victim has declined to undergo any medico legal examination; that the applicant is a young man having no criminal history and he is languishing in jail since 13.11.2024, whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant - Pavan 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:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(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.

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As the bail application of the applicant has been allowed, the short term bail application (IA/3/25) moved on behalf of the applicant has become infructuous and the same is dismissed as such.

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[Subhash Vidyarthi, J.]

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Order Date :- 5.5.2025 MVS/-

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

Pavan Kumar v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Pavan Kumar v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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