Allowed

Arjun v. State of U.P.and 3 Others

Allahabad HC18 May 2023BAIL/18520/2023

Case brief

AI extract

What is this about?

In a bail application under sections 363, 366, 328, 376-DA, and 376(2)N IPC and POCSO Act, the court examined conflicting victim statements and age discrepancies. The judge held that despite the serious nature of the allegations, the applicant was entitled to bail on a personal bond and two sureties.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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

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Neutral Citation No. - 2023:AHC:108972

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18520 of 2023

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Applicant :- Arjun Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Anjani Kumar Raghuvanshi Counsel for Opposite Party :- G.A.,Kumar Dhananjay

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Hon'ble Sameer Jain,J.

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Heard Sri Sujan Singh Advocate holding brief of Sri Anjani Kumar Raghuvanshi, learned counsel for the applicant; Sri Kumar Dhananjay, learned counsel for the informant and Sri Amit Kumar Shukla, learned Brief Holder for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 216 of 2022, under Sections 363, 366, 328, 376-DA, 376(2)N IPC and 5(g)/6 POCSO Act, Police Station Kasna, District Gautam Buddha Nagar, during pendency of the trial in the court below.

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FIR of the present case was lodged on 14.9.2022 under sections 363, 366 IPC against the applicant by the maternal grand father of the victim and according to the FIR, maternal grand daughter of the informant aged about 14 years six months was missing from her house since 4.9.2022. It is further mentioned in the FIR that earlier also applicant has enticed the victim and in this regard, father of the victim lodged FIR against him and therefore, it appears that he again enticed the victim.

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Learned counsel for the applicant submitted that the entire allegations made against the applicant are totally false and baseless and earlier also on the basis of totally false allegation, father of the victim lodged FIR against the applicant but victim in her statement recorded under section 164 Cr.P.C. did not make any allegation against the applicant and thereafter applicant was released on bail but again when victim went alongwith the applicant then totally on the basis of false allegations, FIR of the present case was lodged. He further submitted that from the perusal of the statement of the victim recorded under section 161 Cr.P.C it appears that she according to her own wish had gone alongwith the applicant and did not make any allegation of rape against him but when her

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statement under section 164 Cr.P.C. was recorded then under the pressure of her family members she made allegation of rape not only against the applicant but also against his brother. This fact clearly suggests that correct facts have not been disclosed in her statement recorded under section 164 Cr.P.C.

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He further submitted that although there is specific allegation of rape against the brother of the applicant but he has been released on bail by the Co-ordinate Bench of this Court vide order dated 21.2.2023 passed in Crl. Misc. Bail Application No. 59657 of 2022 which has been annexed as annexure-10 to the affidavit.

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He further submitted that although according to the educational record of the victim, she is minor aged about 15 years but in fact she is almost 18 years old girl and only due to this reason intentionally her ossification test was not conducted by the prosecution and therefore, considering the facts and circumstances of the case applicant may be enlarged on bail.

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Per contra, learned AGA as well as leaned counsel for the informant opposed the prayer for bail and submitted that as per the school record victim is hardly 14 years 8 months old girl and even if earlier she according to her own wish had gone alongwith the applicant then also it cannot be said that she was consenting party in the present matter. He further submitted that in the statement recorded under section 164 Cr.P.C. victim categorically stated that applicant and his brother committed rape with her but could not dispute the fact that in her statement recorded under section 161 Cr.P.C. victim did not make any allegation against the applicant and co-accused Lalit, brother of the applicant has been released on bail by the co-ordinate Bench of this Court and as per statement recorded under section 164 Cr.P.C. of the victim, case of the applicant is at par with him.

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

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Although as per the school record victim is about 14 years 8 months old girl but she did not make any allegation in her statement under section 161 Cr.P.C. and stated in favour of the applicant and on specific query stated that no rape was committed but when her statement under section 164 Cr.P.C. was recorded then she stated that applicant and his brother Lalit committed rape with her. Therefore, there are material contradictions in her both the statements recorded under sections 161 and 164 Cr.P.C. Further co-accused Lalit brother of the applicant has already been released

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on bail by the co-ordinate Bench of this Court after discussing entire facts of the case, copy of the bail order is annexed as annexure-10 to the affidavit.

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Therefore, from the discussions made 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- Arjun 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 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 anti-social 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 :- 18.5.2023

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Ankita

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Arjun v. State of U.P.and 3 Others

Case brief

What is this about?

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Arjun v. State of U.P.and 3 Others

Case brief

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