Allowed

Mukesh Kumar Guad v. State of U.P Thru. Its Prin. Secy. Home and 3 Others

Allahabad HC24 Aug 2022/1984/2022

Case brief

AI extract

What is this about?

In a bail application under Sections 376(3) IPC and POCSO, the Court allowed the release of the applicant. The judgment relied on medical reports showing no evidence of rape and contradictions in the victim's statements, invoking Article 21 and the precedent Dataram Singh.

What did the court decide?

Applicant released on bail with personal bond and two sureties subject to conditions including appearance in court and no tampering with evidence.

Mukesh Kumar Guad Vs State of U.P Thru. Its… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

¶1

Court No. - 14

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1984 of 2022

¶3

Applicant :- Mukesh Kumar Guad Opposite Party :- State Of U.P Thru. Its Prin. Secy. Home And 3 Others Counsel for Applicant :- Arshad Ahsan Siddiqui Counsel for Opposite Party :- G.A.

¶4

Hon'ble Shamim Ahmed,J.

¶5

Heard Sri Arshad Ahsan Siddiqui, learned counsel for the applicant and Sri Ajay Kumar Singh Tomer, learned A.G.A. for the State and perused the record.

¶6

This application has been filed seeking the release of the applicant on bail in F.I.R./Case Crime No.166 of 2021, under Sections 376(3) I.P.C. and Sections 5/6 of the Protection of Children from Sexual Offences Act, Police Station Gadaganj, District Raebareli.

¶7

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case due to village rivalry and enmity. No such incident, as alleged by the prosecution, took place. The name of the applicant was taken with intention to defame his image as well as his entire family's image in the society.

¶8

Learned counsel for the applicant further submits that initially the F.I.R. was lodged under Section 354 I.P.C. and Section 7/8 of the P.O.C.S.O. Act. Thereafter, the statement of the victim was recorded under Section 161 Cr.P.C. and the Investigating Officer inserted Section 376(3) I.P.C. and Section 5/6 of the P.O.C.S.O. Act. The victim has reiterated the version of the F.I.R. and no allegation of committing rape with the victim was levelled against the applicant whereas on the pressure created by the family members and after taking legal advise by the expert, the victim has somersault and changed her version and made allegation of rape against the applicant that the applicant had taken the victim in bathroom and there he committed rape.

¶9

Learned counsel for the applicant further submits that the allegation of rape, as levelled by the victim in her statement recorded under Section 164 Cr.P.C., got demolished after perusal of the medical report, as the doctor in his opinion has opined that no live or dead spermatozoa seen nor there was any external or internal injury found on the person of the victim,

¶10

there was no sign of use of force and the urine pregnancy test was also negative. The medical report was given on 02.11.2021. Learned counsel for the applicant further submits that there is no F.S.L. report available till date nor the Investigating Officer has given the same.

¶11

Learned A.G.A. has also confirmed that till date, he has not received any F.S.L. or D.N.A. report from the Forensic Science Laboratory, as such, the same is not available on record.

¶12

Learned counsel for the applicant further submits that as per the medical report, the age of the victim is 16 years and taking the benefit of two years either side, the victim appears to be major and she knew her consequences very well.

¶13

Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history, which is evident from the para 27 of the affidavit filed in support of the bail application, and he is in jail since 09.09.2021 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

¶14

Learned A.G.A. opposed the prayer for bail and submits that the applicant is involved in a heinous crime, therefore, the bail application of the applicant be rejected.

¶15

After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also in the absence of any convincing material to indicate the possibility of tampering with the evidence and considering the fact that there is vast contradiction in the statement of the victim recorded under Sections 161 and 164 Cr.P.C. and in the F.I.R., the allegation of rape is not being supported by any medical opinion given by the doctor as the doctor has opined that no live or dead spermatozoa seen nor there wass any external or internal injury found on the person of the victim and the urine pregnancy test was negative and further considering that till date, no D.N.A. or F.S.L. report has been received and as per the medical report as well as the statement

¶16

of the victim, the victim is aged about 16 years and further considering the larger mandate of the Article 21 of the Constitution of India and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of UP and another, reported in (2018) 3 SCC 22 , this Court is of the view that the applicant may be enlarged on bail.

¶17

The prayer for bail is granted. The application is allowed .

¶18

Let the applicant- Mukesh Kumar Guad involved in F.I.R./Case Crime No.166 of 2021, under Sections 376(3) I.P.C. and Sections 5/6 of the Protection of Children from Sexual Offences Act, Police Station Gadaganj, District Raebareli be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-

¶19

(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.

¶20

(2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.

¶21

(3) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶22

(4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶23

(5) In case, the applicant misuses the liberty of bail during trial, in order to secure his presence, proclamation under section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

¶24

(6) The applicant shall remain present, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶25

(7) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court,

¶26

Allahabad.

¶27

(8) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

¶28

It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.

¶29

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

¶30

Order Date :- 24.8.2022 Saurabh

¶31

Digitally signed by SAURABH VERMA Date: 2022.08.25 11:09:35 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Mukesh Kumar Guad v. State of U.P Thru. Its Prin. Secy. Home and 3 Others

Case brief

What is this about?

What did the court decide?

Mukesh Kumar Guad v. State of U.P Thru. Its Prin. Secy. Home and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Union of India Thru. the S.P. CBI Spl.Police Establishment Vs Ram Nath Singh and 02 Ors.

Smt. Kamla Devi Vs State of U.P. and Ors.

Ram Naresh Vs State of U.P. and Ors.

Kalawati W/O Ram Naresh Vs State of U.P. Thru. Prin. Secy. Home Lko.

State of U.P. Vs Kamal Kishore

U.O.I. Thru. Superintendent of Police C.B.I./a.C.B. Lucknow Vs N.K. Srivastava Nand Kishore Srivastava