Rohit Kumar v. State of U.P. and 3 Others

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45109 of 2023 Applicant :- Rohit Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Saurabh Pathak,Nitesh Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Sri Imran Khan, learned AGA for the State apprised the Court that on 15.10.2023 notice has been served to the informant of the case. Despite service of notice, none appeared on behalf of the informant.

¶2Heard Sri Saurabh Pathak, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State-respondent.

¶3The instant application has been filed seeking release of the applicant on bail in Case Crime No. 117 of 2023, under Sections 363, 366, 376 IPC & 3/4 POCSO Act, Police Station-Sahar, District-Auraiya, during pendency of the trial in the court below.

¶4FIR of the present case was lodged against applicant and two others and according to the FIR, on 27.08.2023 two minor sisters of the informant aged about 17 years and 15 years were enticed away by the applicant and other accused persons and on

01.09.2023 when one younger sister returned home then she narrated entire story to the informant and thereafter FIR of the present case was lodged on 06.09.2023.

¶5Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and when the statement of younger sister was recorded under Section 161 Cr.P.C. then she only stated that her sister i.e. victim of the case had gone along with the applicant and during investigation when the statements of the victim i.e. sister of the informant were recorded then she stated that she herself had gone alongwith the applicant and also performed marriage with him.

¶6He further submitted that even as per the school record, victim was more than 17 years' old girl and intentionally during investigation her ossification test was not conducted.

¶7He further submitted that it is a case of love affair and applicant is not having any criminal history and he is in jail since

24.09.2023.

¶8Per contra, learned AGA opposed the prayer for bail and submitted that as per the school record, victim is hardly 17 years' old girl, therefore, her consent is immaterial but could not dispute the fact that during investigation, her ossification test was not conducted.

¶9I have heard learned counsel for the parties and perused the record of the case.

¶10However, as per the school record, victim appears to be 17 years' old girl but she in her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. stated that she herself had gone along with the applicant and also performed marriage with him.

¶11Further, during investigation, ossification test of the victim was not conducted. Further, from the record, it reflects that it is a case of love affair.

¶12Law is settled that bail application should not be dismissed either for punitive or for preventive purposes.

¶13Further, applicant is not having any criminal history and he is in jail since 24.09.2023.

¶14Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

¶15Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶16Let the applicant-Rohit 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 the court concerned with the following conditions:-

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

(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.

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

¶17In 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.

¶18It 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. Order Date :- 27.10.2023 KK Patel High Court of Judicature at Allahabad