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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
Subhash Vidyarthi, J
Jai Ram – Appellant
Versus
State of U. P. Thru. Secy. Home Lko – Respondent
JUDGMENT :
Subhash Vidyarthi, J.
1. Heard Sri Karunakar Srivastava, the learned counsel for the applicant, Sri Mohd. Asif Khan, learned Additional Government Advocate-I for the State and perused the records.
2. This is the second application seeking release of the applicant on bail in Case Crime No. 660 of 2022, under Sections 376 D.A. I.P.C. and Section 5G/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Mohammadi, District Lakhimpur Kheri.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.09.2022 against five persons, including the applicant stating that while the informant’s sister aged about 15 years was going to give food to her grand mother in the other house. The accused persons dragged her in a sugarcane field at about 9.30 p.m. on 10.09.2022 and they raped her. When the informant’s mother and sister reached the sugarcane field looking after the victim the accused persons ran away and the victim was found lying in the field in an unconscious condition.
4. In the statement of the victim recorded under Section 161 Cr.P.C. she stated that she had been dragged in dark in sugarcane field and she was raped while sh
The principle of parity in bail cannot be invoked based on incorrect factual submissions, especially in heinous crimes involving minors.
The court emphasized that a delayed implication without corroboration might suggest an afterthought, impacting the grounds for bail.
The court established that inconsistencies in a victim's testimony can significantly impact the decision to grant bail, especially in cases involving serious charges under the IPC and POCSO Act.
The court emphasized that bail should be denied in serious offences like rape, highlighting the severity of the charge, nature of evidence, and potential for witness tampering as critical considerati....
The principle of parity in bail applications requires careful consideration of the accused's specific role and circumstances, rather than being an absolute basis for granting bail.
Grant of Bail - Bail is not to be withheld as a punishment.
The Principle of Parity in bail applications requires careful consideration of the specific roles and allegations against the accused, rather than a simplistic comparison with co-accused.
The court granted bail based on the applicant's lack of criminal history, the victim's inconsistent testimony, and the principle against pre-trial punishment.
Bail cannot be granted in cases involving serious allegations against parents without the child victim being examined and considering the potential for witness tampering.
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