Raka @ Rakesh Kumar Vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

This criminal appeal under Section 14-A(2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to set aside the bail rejection order dated 20.12.2023 passed by the learned Additional Session Judge/Special Judge(POCSO Act), District Barabanki.

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Heard learned counsel for the appellant, learned A.G.A for the State and Sri Shiv Kumar Verma, Advocate, holding brief of Sri Vinay Kumar Verma, learned counsel for the informant/complainant.

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It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case for enticing the minor girl of the informant.It is further submitted that she was volunteer and no molestation or rape was committed with her. The statement of the victim was recorded before the learned Magistrate under section 164 Cr.P.C in which she has clearly stated that no any force or violence was used by the appellant with her but she went with him to Assam by train from Lucknow with her own will where she lived for two days at the house of grand father of the appellant and then she came back on 15.8.2023. The appellant did nothing by force. It shows that she went with him voluntarily.No offence under sections 363 and 366 I.P.C can be said to be made out against the appellant. He is in jail since 23.8.2023 having no any criminal antecedent, therefore, request to release on bail during course of trial. The Court below while passing the impugned order did not take into account the facts and evidence available on record in right perspective and erred in passing the same. It is lastly submitted that the impugned order rejecting the bail application of the appellant suffers from

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infirmity and illegality warranting interference by this Court.

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Learned AGA as well as learned counsel for the complainant opposed the prayer as aforesaid.

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I have considered the rival submissions made by the learned counsel for the appellant, learned counsel for complainant as well as learned A.G.A and have gone through the entire record including the impugned order carefully.

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Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, statement of the victim, this Court is of the opinion that the appellant has made out a case for bail. The Court below erred in rejecting the bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is to be allowed.

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Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside.

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Let the appellant- Raka @ Rakesh Kumar, involved in Case Crime No. 219 of 2023, under Sections 363,366,376 IPC 3/4 POCSO Act and Sections 3(2)(V) SC/ST Act, P.S. Baddupur, District Barabanki be released on bail on 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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The appellant will not tamper with the evidence during the trial.

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The appellant will not pressurise/ intimidate the prosecution witness.

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The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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The appellant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the

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prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 14.2.2025

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GS

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Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad, Lucknow Bench

Raka @ Rakesh Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

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Raka @ Rakesh Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

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