Allahabad High Court
Aditya Kumar Alias Babloo vs State Of U.P. Thru.Addl. Chief ... on 10 May, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:32165 Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6095 of 2023 Applicant :- Aditya Kumar Alias Babloo Opposite Party :- State Of U.P. Thru.Addl. Chief Secy.Deptt. Of Home And 3 Others Counsel for Applicant :- Indra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Indra Pratap Singh, learned counsel for the applicant, and Sri Amit Kumar Dwivedi, learned Addl. Govt. Advocate for the State.
2. By means of the instant application, the applicant Aditya Kumar alias Babloo S/o Jagdamba seeks bail in Case Crime No. 14 of 2023, under sections 363,366,376AB IPC, section 5m/6, Protection of Children from Sexual Offences (POCSO) Act, and section 3(2)(v), Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, P.S. Pura Kalandar, District Ayodhya/Faizabad.
3. The aforesaid case has been registered on the basis of a First Information Report dated 13.01.2023 stating that the applicant had enticed away the informant's daughter, aged about 16 years on 08.01.2023.
4. The victim stated in her statement recorded under section 161, CrPC that she knows the applicant for the past three years. She wanted to marry him, but her family members were not agreeing for it and, therefore, she had gone to the applicant's house.
5. In her statement recorded under section 164, Cr.P.C. the alleged victim stated that she was born in the year 2005. She had gone to the applicant's house, but the applicant asked her to go back to her home. The victim did not return from the applicant's house and spent two nights behind her house and thereafter the applicant took her to Faizabad.
6. In the medico-legal examination report of the alleged victim, her age has been opined to be about 17 years.
7. In the affidavit filed in support of the bail application it has been stated that the applicant is innocent. He has been falsely implicated in the present case. He has no criminal history and he is languishing in jail since 13.01.2023.
8. Learned A.G.A. has opposed the bail-application, but has not been able to dispute the aforesaid facts.
9. Having considered the aforesaid facts and circumstances of the case and keeping in view the facts that the victim claims her year of birth to be 2005; that although in her medico-legal examination her age has been opined to be 17 years, it cannot be reasonably expected that by her physical appearance only the applicant could have known that the applicant is minor; the victim's statement consistently is that she had gone to the house of the applicant on her own, coupled with the fact that the applicant has no criminal history and he has been languishing in jail since 13.01.2023, without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.
10. Accordingly, this bail application stands allowed.
11. Let the applicant Aditya Kumar alias Babloo S/o Jagdamba be released on bail in the aforesaid Case Crime No. 14 of 2023, under sections 363,366,376AB IPC, section 5m/6, Protection of Children from Sexual Offences (POCSO) Act, and section 3(2)(v), Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, P.S. Pura Kalandar, District Ayodhya/Faizabad, on his 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.
12. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
(Subhash Vidyarthi, J.) Order Date :- 10.5.2023 A.Nigam