The Allahabad High Court has granted bail to an accused booked for aggravated sexual assault (punishable under Section 10 of the POCSO Act) upon a 8-year-old girl.
A single-judge bench of Justice Sadhna Rani Thakur passed this order while hearing a Criminal Misc Bail Application filed by Manoj Saxena.
The accused applicant, Manoj Saxena, is involved in Case under Sections 376A, B, 354 IPC & 9D/10 POCSO Act & 3(2)V SC/ST Act, Police Station Civil Line, District Badaun.
It is submitted by the counsel for the applicant that there is a general allegation in the FIR.
In the statements under Sections 161 and 164 CrPC of the victim, there is no ingredient of Section 376 IPC. No medical treatment has been conducted as the parents of the victim refused to get her daughter medically examined. No injury has been found on the person of the victim. In fact, the father of the victim is a police personnel and this FIR is only the misuse of that power. The applicant is 50 years of age so the incident appears to be suspicious. He is languishing in jail since 13.04.2022 and in case he is enlarged on bail he will not misuse the liberty of bail. Hence, bail has been prayed for.
Additional Government Advocate has opposed the bail application and submitted that as per medical report, the victim is 10 years of age and as per school leaving certificate, the age of the girl is seven years.
From the perusal of the FIR, it appears that in the absence of other family members when the 8-year-old victim was alone at her home and when she saw her TV dish connection was disturbed, she called Manoj Saxena (applicant), the person to repair the dish connection. When Manoj Saxena (applicant) came inside the house, he saw the girl alone at her home, he started vulgar activities with her. The victim made hue and cry then he ran away from the house. In the statement under Section 161 CrPC, the victim has stated that when Manoj Saxena came to the house of the first informant to repair the dish connection, seeing the girl alone at her home he inserted his hand in her clothes and kissed her on the lips, the Court observed.
Admittedly, the parents of the victim have denied any medical examination of the victim, the Court noted.
“Having heard the submissions of the counsel of both sides, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v State of UP and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail,” the Court observed.
The Court ordered,
Let the applicant Manoj Saxena, who is involved in aforesaid crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge himself in any illegal activities during the bail period. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.