Allowed

Phool Miyan v. State of U.P. and 3 Others

Allahabad HC12 Jul 2023BAIL/19580/2023

Case brief

AI extract

What is this about?

In bail application Cr. Misc. No. 19580 of 2023, the Allahabad High Court allowed the release of the applicant, Phool Miyan, in a case alleging rape under IPC 376 and POCSO. The court relied on contradictions in the minor victim's statements and directed release on personal bond and sureties.

What did the court decide?

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

Phool Miyan Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:137265

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19580 of 2023

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Applicant :- Phool Miyan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Deepak Singh Yadav,Sanjay Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Sri Tanay Kumar, learned AGA, for the State, apprised the Court that on 29.4.2023 notice has been served to the informant of the case.

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Despite service of notice, none appeared on behalf of the informant.

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Heard Sri Deepak Singh Yadav, learned counsel for the applicant and Sri Tanay Kumar, learned AGA, for the State.

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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.39 of 2023, under Section 376 IPC and Section 5/6 POCSO Act, Police Station Patiyali, District Kasganj during pendency of the trial.

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FIR of the present case was lodged against the applicant under Section 354 IPC and Section 9m/10 POCSO Act and according to the FIR on 5.2.2023 at about 9.00 PM in the evening when grand daughter of the informant aged about 6 years was with her then applicant by playing fraud has taken her and after sometimes he dropped the victim at her house and when informant enquired the victim then she informed that applicant outraged her modesty.

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Learned counsel for the applicant submits that entire allegation against the applicant is totally false and baseless and the story narrated by the informant in the FIR appears to be

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highly improbable .

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He further submits that victim, who is minor girl, aged about 6 years in her statement recorded under Section 161 Cr.P.C. stated that when he was along with the informant , i.e., her grand mother in D.C.Garden then applicant has taken her and outraged her modesty but when her statement under Section 164 Cr.P.C. was recorded then she changed her earlier version and stated that when she was in the lap of her uncle in D.C.Garden then applicant snatched her and outraged her modesty and inserted his fingers in her vagina.

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He further submits that considering the material contradiction in the statements of victim recorded under Sections 161 and 164 Cr.P.C. it appears that victim, who is hardly 6 years old child is not a reliable witness and she appears to be tutored one.

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He further submits that actually father of the victim has taken Rs. 30000/- from applicant and when applicant demanded his money then instead of returning his money, he implicated the applicant.

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He further submits that applicant in the present matter is in jail since 13.2.2023.

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Per contra, learned AGA opposed the prayer for bail and submits that victim is hardly 6 years old child but could not dispute the fact that there are material contradictions in her both the statements recorded under Sections 161 and 164 Cr.P.C.

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

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Considering the arguments advanced by the learned counsel for the applicant and material variations in the

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statements of victim recorded under Sections 161 and 164 Cr.P.C., 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- Phool Miyan 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 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 :- 12.7.2023

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SKM

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

Phool Miyan v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Phool Miyan v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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