Abhishek Vs State of U.P. and 3 Others

Neutral Citation No. - 2023:AHC:114133

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28026 of 2022

Applicant :- Abhishek Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Narendra Deo Shukla,A.C.Srivastava,Ali Hasan,Istiyaq Ali,Sanjeev Kumar Mishra,Vivek Shukla Counsel for Opposite Party :- G.A.,Brijesh Kumar Sharma

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Hon'ble Sanjay Kumar Singh,J.

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1-Heard Mr. A.C.Srivastava, learned counsel for the applicant, Mr. Ram Pratap Singh, learned Additional Government Advocate 1st representing the State and Mr. Brijesh Kumar Sharma, learned counsel appearing on behalf of the first informant/complainant.

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2-By means of this application under Section 439 of Cr.P.C., applicant-Abhishek, who is involved in Case Crime No. 49 of 2022, under Sections 376, 506 of I.P.C., 3/4 POCSO Act and Section 67 I.T. Act, Police Station-Meerganj, District-Jaunpur, seeks enlargement on bail during the pendency of trial.

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3-As per prosecution case in brief, the minor victim who is aged about 15 years, herself lodged a First Information Report on 04.05.2022 against the applicant for the alleged offence under Sections 376, 506 of I.P.C., 3/4 POCSO Act as well as Section 67 of I.T. Act alleging inter-alia that on 26.04.2022 at about 8:00 pm, when she was returning to her house after attending the call of nature, she was caught hold by the applicant. On raising alarm by her, applicant gagged her mouth and forcibly committed rape on her and also made her video. Thereafter applicant showing her obscene video started blackmailing her and tried to make physical relation with her. When she refused to do so, applicant sent her video to her father.

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4-The main substratum of argument of learned counsel for the applicant is that the victim in her statement under Section 164 Cr.P.C. has stated inter-

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alia that her parents were annoyed after seeing her video with the applicant, therefore, F.I.R. was lodged against the applicant, whereas, the applicant did not commit any misdeed with her and she does not want to contest the case. Later on, when she was examined before the trial Court as PW-1, she has made allegation of rape against the applicant under the pressure of her parents. Referring last part of examination-in-chief of the victim, it is submitted that victim while making allegation of rape against the applicant has also stated that she had given statement under Section 164 Cr.P.C. on her own volition without pressure of anyone. On the strength of said facts, it is argued that first part of the statement of the victim is not reliable, therefore, the applicant who is languishing in jail since 06.05.2022 may enlarged on bail.

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5-On the other hand learned A.G.A. for the State as well as learned counsel for the informant opposed the prayer for bail of the applicant by contending that the victim in her statement before the trial Court, has made clear allegation of rape on her by the applicant. She also stated that her obscene video, which was made by the applicant, had been made viral and the same was also sent by the applicant to the mobile-phone of her father.

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6-Having heard learned counsel for the parties and examined the matter in its entirety, I find substance in the submission of learned A.G.A. for the State that victim who is minor girl aged about 15 years, in her statement before the trial Court, has made allegation of rape against the applicant giving vivid description of the incident. She has stated inter-alia in clear terms that the applicant had inserted his private part in her private part, thereafter there was blood in her private part. She further stated that applicant had threatened her that if she would tell anyone about the incident, he would shoot her. So far as the submission of learned counsel for the applicant with regard to statement under Section 164 Cr.P.C. is concerned, it is well settled that the conclusion from the statement of witness/victim are drawn considering his/her statement as whole not in

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isolation only by picking one or two words from here and there.

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7-In the light of above discussion and having considered the facts that rape is the most hated, morally and physically reprehensible crime in a society, as it is an assault on the body, mind and privacy of the minor victim. It shaken the spirit and very core of her life. Rape leaves a permanent scar on the life of the victim and further considering the provisions of Section 29 of POCSO Act, overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties as noted above, gravity of offence, role assigned to applicant as per statement of the victim recorded before the trial Court and severity of punishment, I do not find any good ground to release the applicant on bail.

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8-Accordingly, the bail application is rejected .

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9-It is made clear that the observations contained in the instant order are confined to the issue of bail and shall not affect the merit of the trial.

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10-However, considering the detention period of the applicant as noted above, the trial Court is directed to make an endeavour to conclude the trial of the applicant strictly in accordance with the directions of the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and others, (2018) 17 SCC 291 .

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Order Date :- 23.5.2023 Kashifa

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Digitally signed by :- KASHIFA High Court of Judicature at Allahabad

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

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

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