Allahabad High Court
Vinay Pal vs State Of U.P. Thru. Prin. Secy. Addl. ... on 2 January, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:215
Court No. - 27
Case :- CRIMINAL REVISION No. - 434 of 2023
Revisionist :- Vinay Pal
Opposite Party :- State Of U.P. Thru. Prin. Secy. Addl. Chief Secy. Home Civil Sectt. U.P. Lko. And 3 Others
Counsel for Revisionist :- Amar Singh,Ashok Kumar Singh,Mahendra Pratap Singh,Rahul Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Prem Prakash Singh, the learned counsel for the revisionist, Sri Arvind Kumar Pandey, the learned A.G.A appearing on behalf of the State and Sri Rehan Ahmad Siddiqui, the learned counsel for the opposite party no. 2 and perused the record.
2. By means of the instant criminal revision has been filed under Section 102 of the Juvenile Justice (Care and Protection) Act, 2015, the revisionist has assailed validity of order dated 06.02.2023 passed by the Juvenile Justice Board, Unnao in Bail Application no. 04/2023 arsing out of Case Crime No. 273/2022 under Section 344, 376, 323, 326,I.P.C and 3/4 of POCSO Act, P.S Maurawan, District Unnao and the judgment and order dated 28.03.2023 passed by the Juvenile Court, Additional District and Session Judge, court No. 12, Unnao, Ambedkar Nagar, dismissing the Criminal Appeal No. 07/2023 filed by the revisionist against rejection of his bail application.
3. On 22.06.2022, an F.I.R was lodged against the applicant and three of his family members, alleging that the applicant had taken away the informant to her sister's home on 05.07.2020 under allurement of marrying her and he repetitively raped her for a period of one month. Thereafter, the applicant took the informant to Nagpur. She somehow escaped and came back on 02.05.2022. Upon exerting pressure, the applicant agreed to marry the informant and on 21.05.2022, an agreement was entered into between the parties in this regard, which was verified by a notary public. Thereafter the revision kept the informant with him at his sister's house for 8-10 days but she was ill treated during this period and she escaped.
4. A copy of the report of a Probation Officer has been annexed with the affidavit, wherein it is recorded that the applicant's family is in good social condition, his father is a government servant, his behavior is good and that the F.I.R has been lodged after a dispute between the parties after they lived together as husband and wife.
5. Having consider the aforesaid facts and circumstances o the case and keeping in view the fact that the complainant has stated in her statement that she has stayed with the applicant for about a year and a half as his wife and the F.I.R has been lodged after alleged ill treatment during her co-habitation with the applicant as his wife and that the applicant is a young man having no criminal history, I am of the view that the revision deserves to be allowed and the order dated 06.02.2023 passed by the Juvenile Justice Board, Unnao in Bail Application no. 04/2023 arsing out of Case Crime No. 273/2022 under Section 344, 376, 323, 326,I.P.C and 3/4 of POCSO Act, P.S Maurawan, District Unnao and the judgment and order dated 28.03.2023 passed by the Juvenile Court, Additional District and Session Judge, court No. 12, Unnao, Ambedkar Nagar are hereby set aside.
(Subhash Vidyarthi,J.)
Order Date :- 2.1.2024
Preeti.
