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

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

What the court decided

AI extract

Outcome

Enlargement of the applicant Deepu on bail in Case Crime No. 557 of 2024 (Police Station Dewa, District Barabanki) on furnishing a personal bond and two sureties each in the like amount, subject to conditions of non-tampering with prosecution evidence, non-pressurisation of prosecution witnesses, and appearance on every date fixed by the trial Court unless exempted.

Issue for consideration

Whether the applicant Deepu should be enlarged/released on bail in Case Crime No. 557 of 2024 registered at Police Station Dewa, District Barabanki.

Court's answer

Considering the victim's statements (showing a friendly relationship of 5-6 months and physical relations claimed to be consensual, with radiological age opined as 18 years), coupled with the applicant being a young man of 19 years with no criminal history who has been in jail since 24.08.2024, the court held those facts sufficient to make out a case for enlarging the applicant on bail in the aforesaid crime.

Ratio / Principle

The applicant is to be released on bail in Case Crime No. 557 of 2024 upon furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the Magistrate/Court concerned.

Key takeaways

Release on bail is subject to three conditions: (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; and (iii) the applicant shall appear on each and every date fixed by the trial Court unless his appearance is exempted by the trial Court.ratio¶19

Detailed headnote1 paragraphs

Bail application allowed (Single Judge, Subhash Vidyarthi, J., High Court of Judicature at Allahabad, Lucknow Bench, decided 16.05.2025) for applicant Deepu, a 19-year-old with no criminal history in custody since 24.08.2024, charged in Case Crime No. 557 of 2024 under Sections 137(2), 87 of B.N.S., additional section 376(3) I.P.C. and 5J(II)/6 of P.O.C.S.O. Act at Police Station Dewa, District Barabanki (F.I.R. dated 22.08.2024, alleging enticement away of the informant's daughter stated to be aged 15 in the night of 21.08.2024). The victim's statements under Sections 180 and 183 B.N.S.S. disclosed acquaintance of 5-6 months and physical relations asserted to be consensual (about 4-5 months before, not on the relevant night), and her wish to return to her family; the medico-legal report recorded no injury or sign of force, radiological examination opined her age as 18 years, and no spermatozoa was seen in the vaginal smear. On these facts, the court found a case for enlargement on bail and released the applicant on a personal bond and two sureties each in the like amount, imposing conditions against tampering with evidence, pressurising witnesses, and requiring attendance on all trial dates.

Neutral Citation No. - 2025:AHC-LKO:29074

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 96 of 2025 Applicant :- Deepu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others

Counsel for Applicant :- Shraddha Tripathi,Suchita Tripathi Counsel for Opposite Party :- G.A.,Farooq Ayoob

Hon'ble Subhash Vidyarthi,J.

Heard Ms. Suchita Tripathi, the learned counsel for the applicant, Shri Ashok Srivastava, the learned A.G.A. for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.557 of 2024 under Sections 137(2), 87 of B.N.S., additional section 376(3) I.P.C. & 5J(II)/6 of P.O.C.S.O. Act registered at Police Station- Dewa, DistrictBarabanki.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.08.2024 stating that the applicant had enticed away the informant's daughter aged 15 years in the night of 21.08.2024.

In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she is aged 17 years, when she had gone out of her home in the night of 21.08.2024, the applicant enticed her away under the promise of marrying her. The applicant did not have money and, therefore, they spent the night in a Jungle. They somehow reached a Bridge on a Canal in the morning. The applicant went away to arrange the money and the police took her.

In response to the questions put by the Investigating Officer, she stated that she knows the applicant for the past 5-6 months and they were friends. The applicant had made physical relations with her about 4-5 months ago but not in the previous night.

The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. As per the radiological examination report, the age of the victim has been opined to be 18 years. In the pathological examination report of

the victim, no spermatozoa (dead or alive) was seen in the vaginal smear slide.

In the statement of the victim recorded under Section 183 B.N.S.S., she stated that she has been talking to the applicant for the past 5-6 months and has made physical relations with her consent but now she wants to live with her family.

In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 19 years having no criminal history and he has been falsely implicated in the present case.

Notice was issued to the opposite party no.2 by means of an order dated 09.01.2025 and time was granted to the State as well as the informant to file a counter affidavit. The informant has put in appearance by filing a vakalatnama on 06.02.2025 but no counter affidavit has been filed by the State or by the informant.

Having considered the aforesaid facts and circumstances of the case and keeping in view the statements of the victim referred to above coupled with the fact that the applicant is a young man aged 19 years having no criminal history and he is languishing in jail since 24.08.2024, 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.

Accordingly, this bail application stands allowed .

Let the applicant 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, unless his/her appearance exempted by the trial Court.

[Subhash Vidyarthi, J.]

Order Date :- 16.5.2025/-Amit K-

Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Procedural history

How this case reached the court

AI extract

Prior proceeding
Case Crime No. 557 of 2024 registered at Police Station Dewa, District Barabanki under Sections 137(2), 87 of B.N.S., additional section 376(3) I.P.C. and 5J(II)/6 of P.O.C.S.O. Act.¶7
Prior proceeding
F.I.R. lodged on 22.08.2024 alleging that the applicant enticed away the informant's daughter (stated age 15 years) in the night of 21.08.2024.¶8
Prior proceeding
Victim's statement recorded under Section 180 B.N.S.S.: she stated her age as 17 years; she went out on the night of 21.08.2024, was enticed away by the applicant under promise of marriage, spent the night in a jungle, reached a canal bridge in the morning, and was taken by the police when the applicant went to arrange money.¶9
Prior proceeding
In response to Investigating Officer's questions, the victim stated she had known the applicant for 5-6 months as friends and that physical relations occurred about 4-5 months ago but not on the previous night.¶10
Prior proceeding
Medico-legal examination showed no mark of injury or sign of use of force; radiological examination opined the victim's age as 18 years; pathological examination found no spermatozoa (dead or alive) in the vaginal smear slide.¶11
Prior proceeding
Victim's statement recorded under Section 183 B.N.S.S.: she had been talking to the applicant for 5-6 months and had physical relations with her consent, but now wishes to live with her family.¶13
Prior proceeding
Affidavit in support of the bail application stated the applicant is a young man aged 19 years, has no criminal history, and was falsely implicated.¶14
Prior proceeding
Notice issued to opposite party no. 2 by order dated 09.01.2025; time granted to State and informant to file counter affidavits; informant appeared through vakalatnama on 06.02.2025; no counter affidavit was filed by the State or by the informant.¶15
Prior proceeding
The applicant had been languishing in jail since 24.08.2024 at the time of the bail hearing.¶16