Allowed

Viresh @ Bhopali v. State of U.P. and 3 Others

Allahabad HC7 Feb 2023BAIL/1853/2023

Case brief

AI extract

What is this about?

Single judge allowed bail in a criminal case involving charges of sexual assault and circulating obscene images. Court noted FIR was delayed by three weeks and victim's statement did not confirm rape or sexual assault, noting applicant's clean record.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties in like amounts with conditions to appear and not tamper with evidence.

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

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Court No. - 84

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1853 of 2023

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Applicant :- Viresh @ Bhopali Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sarvesh,S.K. Verma Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Compliance affidavit filed today on behalf of the State is taken on record.

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On 13.1.2023 notice was issue to opposite party no.2.

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As per office report dated 31.1.2023 notice issued to opposite party no.2 has been served.

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Sri Jhamman Ram, learned AGA apprises the Court that notice has been served upon the informant on 11.1.2023. In spite of service of notice none has appeared on behalf of informant.

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Heard Sri Sarvesh, learned counsel for the applicant and Sri Jhamman Ram, learned AGA, for the State.

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The instant application has been moved on behalf of the applicant with the prayer to release him on bail in Case Crime No. 180 of 2022, under Sections 353,384. 120B, 323, 504 and 506 IPC and Section 7/8 POCSO Act and Section 66D Information and Technology (Amendment) Act, 2008, Police Station Atrauli, District Aligarh during pendency of the trial in the court below.

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FIR of the present case was lodged against the applicant and one another after about three weeks from the date of incident and it is alleged that applicant and one another co-accused forcibly did some obscene act with the sister of the informant and after taking her photographs, viraled the same on the Facebook and Instagram.

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Learned counsel for the applicant submitted that the entire

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allegation made against the applicant is totally false and baseless and applicant neither made any sexual assault upon the sister of informant nor he ever viraled any photographs either on the Facebook or Instagram. He further submits that actually the victim is a major girl aged about 18 years and applicant and victim were good friends and very often victim was seen with the applicant and only due to this reason his brother lodged FIR of the present case on the basis of false and frivolous allegations.

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He next submitted that when the statement of victim was recorded under Sections 161 and 164 Cr.P.C. then under the pressure of the informant, she stated that applicant forcibly administered some cold drink due to which she fainted and after that he took some photographs and thereafter he threatened her that he will viral her photographs. He further submitted that even from the statement of the victim it appears that neither any sexual assault was made nor any rape was committed and allegation against the applicant is that he forcibly administered some cold drink to her and thereafter took her some photographs but this allegation also appears to be totally false as allegation made against the applicant in the statement of the victim recorded under Sections 161 and 164 Cr.P.C. does not inspire any confidence.

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He further submits that applicant is not having any criminal history and he is in jail in the present matter since 12.5.2022, i.e., for the last more than eight months.

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Learned counsel further submitted that applicant could not get the medical report of the victim including her age certificate but as per his information the age of the victim was found about 18 years by CMO and this fact can be verified from the report of the Medical Officer.

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Per contra, learned AGA although opposed the prayer for bail but could not dispute that FIR of the present case was lodged after three weeks but as per medical report the age of victim was about 18 years. He produced the report of Medical Officer, CHC Atrauli, Aligarh. However, learned AGA further submitted that there is allegation against the applicant that he forcibly dragged the victim into the tempo and thereafter forcibly administered cold drink due to which she fainted and thereafter he took her some photographs and also viraled the same.

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

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FIR of the present case was lodged after three weeks and from the perusal of the report of the Medical Officer, CHC, Atrauli, Aligarh produced by learned AGA it appears that victim is aged about 18 years and in her statement she specifically stated that applicant neither raped her nor made any sexual assault.

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From the perusal of the statement of the victim recorded under Section 164 Cr.P.C. it appears that the alleged photographs were of the victim and the applicant and in the photographs applicant was kissing her and except this there is no allegation in the statement recorded under Sections 164 and 161 Cr.P.C. with regard to the obscene photographs.

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The applicant is not having any criminal history and he is in jail since 12.5.2022, i.e., for the last about more than eight months, therefore, in my view, applicant is entitled to be released on bail.

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In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Viresh @ Bhopali be released on bail in the aforesaid case on furnishing a personal bond and two sureties

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each in the like amount to the satisfaction of the court concerned with the following conditions:(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 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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hall 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 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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Order Date :- 7.2.2023 SKM

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

Viresh @ Bhopali v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Viresh @ Bhopali v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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