Allowed

Nate Pasi v. State of U.P. and 3 Others

Allahabad HC24 May 2023BAIL/19783/2023

Case brief

AI extract

What is this about?

In a bail application under Sections 376G(ha-ka) IPC and POCSO Act, the court granted bail to the applicant. The judgment highlights that the victim 's statements did not implicate the applicant for rape, the informant withdrew the case citing a dispute, and the FIR was lodged with significant delay.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two sureties each, subject to standard bail conditions including appearance in court, non-interference with witnesses, and no crimin

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

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Neutral Citation No. - 2023:AHC:117113

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19783 of 2023

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Applicant :- Nate Pasi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Sri Amit Kumar Shukla, learned brief holder for the State apprised the Court that notice has been served upon the informant on 22.04.2023 but despite service of the notice none appeared on behalf of the informant.

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Heard Sri Amit Kumar Singh, learned counsel for the applicant and Sri Amit Kumar Shukla, learned brief holder for the State.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 560 of 2020, under Sections 376Gha-ka IPC & 6 POCSO Act, Police Station Pooramufti, District Kaushambi, 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 through application under Section 156(3) Cr.P.C. on 07.09.2020 and according to the FIR on 23.08.2020 applicant and co-accused Vijay enticed away the minor daughter of the informant aged about 13 years and they committed rape with her.

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Learned counsel for the applicant submits that entire allegation of rape against the applicant in the FIR is totally false and baseless and this fact is evident from the statement of the victim recorded under Sections 161 and 164 Cr.P.C. and in her both the statements she did not make any allegation of rape against the applicant and only stated that applicant although, along with the co-accused Vijay enticed her away but rape was committed by co-accused Vijay.

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He further submits that even the FIR of the present case was lodged after four months through application under Section 156(3) Cr.P.C. and even application under Section 156(3) Cr.P.C. was

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moved after two weeks and this inordinate delay in moving the application under Section 156(3) Cr.P.C. shows that entire allegation made against the applicant in the FIR is totally false.

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He further submits that in the present matter after investigation final report was submitted and during investigation Investigating Officer found that entire allegation made against the applicant and co-accused were false and baseless and against the final report informant appeared before the court concerned and moved an application and stated before the court that due to some dispute arose between the applicant and others, he lodged the FIR of the present case and he did not want to contest the matter and final report may be accepted and his statement is annexed as Annexure 9 to the affidavit but in spite of that on the basis of the material available on record applicant was summoned in the present matter on 13.10.2022.

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He further submits that as victim did not state anything against the applicant and even informant of the case did not want to contest the matter any further therefore, applicant may be enlarged on bail.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the argument of facts advanced by 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 a minor girl aged about 13 years but she in her both the statements recorded under Sections 161 and 164 Cr.P.C. did not make any allegation of rape against the applicant and only stated that applicant was present at the spot and rape was committed by co-accused Vijay.

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Further, in the present matter after investigation final report was submitted and against the final report informant appeared before the court concerned and specifically stated before the court that he does not want to contest the matter on merit and he lodged the FIR due to some dispute arose between applicant and him and he also stated that he has no objection if final report be accepted but after considering the material available on record applicant was summoned along with the co-accused Vijay.

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

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on bail.

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Let the applicant- Nate Pasi , 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 :- 24.5.2023 S.A.

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Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad

Nate Pasi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Nate Pasi v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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