Neutral Citation No. - 2024:AHC-LKO:9128
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. -
12685 of 2022
Applicant :- Prabhat Kumar
Opposite Party :- State Of U.P. Thru. Secy. Deptt.
Of Home Lko. And 4 Others
Counsel for Applicant :- Akhand Pratap
Singh,Mukesh Dhar Dwivedi,Vinay Misra
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well
as learned A.G.A. and perused the record. None
turned up on behalf of the informant despite
service of notice.
2. In terms of the FIR, it was alleged that the
daughter of the informant was enticed by the
applicant around two months ago and a rape was
committed in a hotel, subsequently a video was
also made and on the threat of making the said
video viral, he was threatening the victim. The FIR
was lodged on 11.07.2022 and the incident was
allegedly occurred two months ago. In the
statement under Section 161 Cr.P.C., which is on
record, it was stated that the victim knew the
applicant and around two months ago, she was
enticed and taken to a hotel where wrong was
done to her and the video was also made. In the
statement under Section 164 Cr.P.C., which is on
record, it was stated that the victim had met the
applicant at a marriage and thereafter they used
to talk on telephone and the applicant called her
to Gosaiganj, where she went and thereafter they
went to a hotel where a wrong was committed on
her and a video was also made. She also stated
that she did not raise any hue any cry at the hotel.
During the course of trial, an information was
given by the informant, which is on record as
Annexure No. 1 to the rejoinder afÏdavit filed on
23.12.2022, wherein the informant had stated that
she had mentioned the name of the hotel only to
bring gravity to the offence. As per the High
School Certificate-cum-Marks sheet, the date of
birth of the victim is 28.03.2006, however the
counsel for the applicant relies upon the R.T.I.
query made to the OfÏce of Bal Vikas Pariyojan
Adhikari, Mohanlalganj, Lucknow, who has stated
on the basis of survey register, the date of birth of
the victim is 01.01.2003. The applicant has no
criminal history and is in custody since
11.07.2022.
3. Learned A.G.A. opposed the bail prayer.
4. Considering the fact that there is a dispute with
regard to the age of the victim, which shall be
adjudicated at the time of trial in view of the law
laid down in the case of Monish Vs. State of U.P.
passed in Criminal Misc. Bail Application No.
55026 of 2021 decided on 09.02.2023 coupled
with the fact that F.I.R. in question was lodged
after about two months of the alleged incident
without there being any plausible explanation for
delay in lodging the FIR and the statement of the
victim recorded under Section 164 Cr.P.C., which
primarily discloses that the victim had gone with
the applicant out of her own free will coupled with
the fact that the applicant has no criminal history
and is in custody since 11.07.2022 and there is
nothing on record to demonstrate that the
applicant if enlarged on bail, would in any way
adversely affect the trial and without expressing
any opinion on merit, I am of the view that the
applicant is entitled to be released on bail.
Accordingly, the bail application is allowed.
5. Let the applicant Prabhat Kumar be released
on bail in FIR/ Case Crime No. 337 of 2022, under
Sections 363, 366, 376, 506 IPC and Section 3/4
POCSO Act, Police Station Mohanlalganj, District
Lucknow, on his furnishing personal bonds and
two reliable sureties of Rs.25,000/- each to the
satisfaction of the court concerned with the
following conditions:
(a) The applicant shall execute a bond to
undertake to attend the hearings;
(b) The applicant shall not commit any offence
similar to the offence of which he is accused or
suspected of the commission; and
(c) The applicant 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 ofÏcer or tamper with the
evidence.
Order Date :- 31.1.2024
Arun
Digitally signed by :-
ARUN KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench