The Allahabad High Court has granted the bail of the accused of crimes registered under various sections of IPC including SC/ST Act at Padrauna police station in Kushinagar.

A Single Bench of Justice Nand Prabha Shukla passed this order while hearing a Criminal Appeal filed by Lallan Chauhan and 3 Others.

The appeal under section 14-A(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed against the order dated 27.10.2023 passed by the Additional Session Judge/Special Judge, SC/ST Act, Kushinagar at Padrauna in Session Trial, arising out of Case under Sections 323/34, 504, 506 IPC, and Section 3(1)(10) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station-Kotwali Padrauna, District Kushinagar by which appellants were convicted and punished as under :

1. Section 323/34 – 6 months simple imprisonment with fine of Rs 500/- and in default of payment of fine additional simple imprisonment of 1 week.
2. Section 504 I.P.C – 1 year simple imprisonment with fine of Rs 1,000/- and in default of payment of fine additional simple imprisonment of 15 days.
3. Section 506 IPC – 1 year simple imprisonment with fine of Rs 1,000/- and in default of payment of fine additional simple imprisonment of 15 days.
4. Section 3(1)(10) SC/ST Act – 3 years simple imprisonment with fine of Rs 2,000/- and in default of payment of fine additional simple imprisonment of 1 month.

The contention of counsel for the appellants is that the impugned judgement and order has been passed on the basis of conjectures and surmises.

It is further submitted that the trial court has committed an illegality in appreciating the evidence on record.

It is also submitted that the conviction and sentences awarded by the court below are illegal and bad in the eye of law. There is neither cogent evidence against the appellants nor there is any evidence that the appellants are involved in the alleged offence.

It is also submitted that during trial, the appellants were on interim bail.

Per contra, A.G.A has opposed the bail prayer of the appellants.

“Considering the fact that the appellants are on interim bail and there is nothing on record to demonstrate that if the appellants are enlarged on bail, would affect the trial adversely, the appellants are entitled to be enlarged on bail”, the Court observed.

The Court order that,

Let the appellants-Lallan Chauhan, Ramayan Chauhan, Nate Chauhan and Cheedi Chauhan be released on bail in above case on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

1. The appellants will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. They shall not tamper with the witnesses.
3. They shall not indulge in any illegal activities during the bail period.
4. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

The Allahabad High Court has granted bail to a man, who married a 14-year-old girl, while observing that the
scheme of the Protection of Children from Sexual Offences Act (POCSO) did not intend to bring within its scope,
cases where adolescents or teenagers were involved “in dense romantic affair”.

The Single-Judge Bench of Justice Rahul Chaturvedi granted bail to Atul Mishra, stating that it would be extremely harsh and inhuman to devoid the baby from parental love and affection on account of the fact that both the accused and minor victim loved each other and decided to got married.

Atul had eloped with a 14-year-old girl and got married at a temple. The minor later gave birth to a baby.

The Bench further observed that the enactment of POCSO Act was to effectively address the heinous
crime of sexual abuse and sexual exploitation of children.

Even today, the applicant was more than ready to keep his wife and baby with him and would take good care of both, the Court noted and granted bail to him.

The case was filed in November, 2019, when the father of the girl lodged a First Information Report against Mishra, alleging that his minor daughter was enticed away by the applicant.

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Mishra was booked for rape under Section 376 of the Indian Penal Code (IPC) and for offences under Sections 3
(penetrative sexual assault) and 4 (punishment for penetrative sexual assault) of POCSO Act, 2012 along with
provisions under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

On October 10, 2021 after getting a tip from the informer, police arrested the accused, who was found along with the girl and the baby.

Since on the date of incident the victim was minor, she was sent to Rajkiya Balgirh (Balika) Khuldabad,
Prayagaraj and Mishra was sent to jail.

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After the Additional Sessions Judge/Special Judge (POCSO Act), Fatehpur rejected the bail application of the applicant in November, 2021, he moved the High Court.

The High Court remarked that the object of the Act must have some genuine and inherent exceptions
too and it was imperative for the Court of law to draw a thin line that demarcates the nature of acts that
should not be made to fall within the scope of this enactment.

The Court granted bail to the applicant and also directed the In-Charge of Rajkiya Balgrih (Balika) Khuldabad, to release the victim with her baby.