Allowed

Abhishek @ Billu v. State of U.P. and 3 Others

Allahabad HC17 Jul 2023BAIL/17751/2023

Case brief

AI extract

What is this about?

This is a bail application under Cr.P.C. against Sections 376 IPC and other offences. The applicant challenged delayed FIR alleging false rape fabrication following a domestic dispute. The High Court allowed bail, noting informant's failure to appear despite notices and lack of initial rape allegations in FIR.

What did the court decide?

Applicant released on bail on personal bond and two sureties with standard conditions regarding court attendance and non-interference with witnesses.

Abhishek @ Billu Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:140836

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17751 of 2023

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Applicant :- Abhishek @ Billu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.,Abida Syed

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Hon'ble Sameer Jain,J.

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Sri Imran Khan, learned AGA, for the State, apprised the Court that on 16.4.2023 notice has been served to the informant of the case.

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Even as per office report dated 17.7.2023, notice has been served to the informant.

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Despite service of notice, none appeared on behalf of the informant. However, learned AGA and the learned counsel appearing for the High Court Legal Services Committee are present.

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Heard Sri Manvendra Singh, learned counsel for the applicant, Sri Imran Khan, learned AGA, for the State and Ms. Abida Syed, learned counsel for the High Court Legal Services Committee.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.62 of 2023, under Sections 376(3), 452, 504 and 506 IPC and Section 3/4(2) POCSO Act and Section 3(1) R, 3(1)S, 3(2) Va and 3(2) V SC/ST Act, Police Station Kotwali, District Fatehpur during pendency of the trial.

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FIR of the present case was lodged on 25.1.2023 against the applicant and his father and according to the FIR on 1.1.2023 applicant outraged the modesty of the minor daughter of informant aged about 11 years and also abused and

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threatened the informant and his wife.

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Learned counsel for the applicant submits that entire allegation against the applicant is totally false and baseless. He further submits that incident is said to have taken place on 1.1.2023 but FIR of the present case was lodged on 25.1.2023, i.e., after about more than 3 weeks and no explanation has been given by the informant in this regard.

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He further submits that actually the applicant is residing in the upper portion of the same house in which informant is residing and some dispute with regard to food smoke arose between applicant and informant and applicant and on 6.1.2023 moved an application against the informant to the higher authorities including the District Magistrate, Fatehpur and thereafter he also filed an application under Section 156(3) Cr.P.C. against the informant on 16.1.2023 and on the application dated 6.1.2023 moved by applicant on 23.1.2023 both the parties , i.e., applicant and informant were challaned under Section 110 Cr.P.C.and this fact is evident from the police report dated 27.1.2023 which has been annexed as Annexure-16 to the affidavit.

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He next submits that after two days from the date of challan under Section 110 Cr.P.C. informant on 25.1.2023 lodged FIR of the present case totally on the basis of totally false facts.

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He next submits that although in the FIR there was no allegation of rape against the applicant but in the statements of victim recorded under Sections 161 and 164 Cr.P.C. under the pressure of her parents she started making allegation of rape against the applicant.

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He further submits that applicant is not having any previous criminal history and he is in jail in the present matter since 14.2.2023, i.e., for the last about more than 5 months.

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Per contra learned AGA as well as learned counsel for the High Court Legal Services Committee although opposed the prayer for bail but could not dispute the arguments on facts advanced by the learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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Although victim appears to be hardly 11 years old girl and she in her both the statements recorded under Sections 161 and 164 Cr.P.C. made allegation of rape against the applicant but FIR of the present case was lodged on 25.1.2023, i.e., after about 25 days from the date of alleged rape.

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Further, from the record it also reflects that with regard to smoke of food some dispute arose between applicant and informant and on 6.1.2023 applicant moved an application to the Police and other higher authorities against the informant and on 23.1.2023 applicant and informant were also challaned under Sections 107 and 116 Cr.P.C. Further, on 16.1.2023 applicant also moved an application under Section 156(3) Cr.P.C. against the informant.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Abhishek @ Billu be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make

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inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 17.7.2023 SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Abhishek @ Billu v. State of U.P. and 3 Others

Case brief

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Abhishek @ Billu v. State of U.P. and 3 Others

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