In a significant court ruling today, Justice Siddharth of the High Court of Judicature at Allahabad granted bail to Vivek Kumar Maurya in Case Crime, under Sections 363, 366, 376, 323, 504, 506, 354, 354-A IPC, and 3/4 POCSO Act, at Police Station Sarnath, Varanasi. The case involved allegations of abduction, rape, and various sexual offenses against a minor girl.
In the bail application, Vivek Kumar Maurya, the accused, vehemently denied the charges and sought release during the trial.
Justice Siddharth, after a careful consideration of the submissions by both counsels, made a landmark ruling in the matter. The judge raised concerns over the rising number of false implication cases in sexual offense matters and the need for caution in handling such cases.
“Large numbers of cases are coming to courts wherein girls and women take undue advantage by lodging First Information Reports on false allegations after indulging in long physical relationships with the accused,” expressed Justice Siddharth in his ruling. “The time has come that courts should be very cautious in considering such bail applications. The law is heavily biased against males. It is very easy to make any wild allegations in First Information Report and implicate anyone on such allegations as in the present case.”He added.
The court noted that First Information Reports are often drafted with meticulous precision, incorporating necessary ingredients to make a strong case for implication under different provisions of the law.
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Justice Siddharth further remarked, “The culture of openness being spread by social media, movies, T.V. shows, etc., is being imitated by adolescents and young boys and girls. When their conduct comes in conflict with Indian social and family norms, and it comes to protecting the honor of the girl’s family, such maliciously false First Information Reports are lodged.”
The judge’s ruling also highlighted the need for reform in the process of lodging FIRs. “The lodging of the FIR is being done invariably by giving a written application at the police station, which is always fraught with danger of false implication like in the present case,” stated Justice Siddharth. “There cannot be any evidence of treatment at home, but to justify implication under Section 323 IPC, such an allegation was made.”
Justice Siddharth’s order, while granting bail to the accused, emphasized the importance of ensuring fair trials and protecting the rights of the accused, particularly in cases involving sexual offenses.
Case Name: Vivek Kumar Maurya Vs State Of U.P.
Case No.: CRIMINAL MISC. BAIL APPLICATION No. – 23551 of 2023
Bench: Justice Siddharth
Order dated: 27.07.2023
