Allowed

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

Allahabad HC21 Jul 2023BAIL/31928/2023

Case brief

AI extract

What is this about?

Single judge allowed bail to the applicant in a charge related to sexual offences against a minor and assault. The court noted a change in the victim's statement and a pending civil dispute, observing that allegations were not present in the initial FIR.

What did the court decide?

The applicant is released on bail upon furnishing a personal bond and two sureties in the like amount, subject to specific conditions including appearance before the trial court and non-interference w

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

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Neutral Citation No. - 2023:AHC:146083

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31928 of 2023

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Applicant :- Rijwan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Santosh Kumar Giri Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Sri Shatruhan Yadav, learned AGA for the State apprised the Court that on 05.07.2023 notice has been served upon the informant. Despite service of notice, none appeared on behalf of the informant.

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Heard Sri Santosh Kumar Giri, learned counsel for the applicant and Sri Shatruhan Yadav, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 157 of 2022, under Sections 376, 323, 504, 506 IPC and Section 3/4 POCSO Act, Police Station Jalesar, District Etah during pendency of the trial.

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FIR of the present case was lodged against applicant and coaccused Shahrukh on 27.05.2022 and according to the FIR applicant outraged the modesty of the minor daughter of the informant aged about 10 years along with co-accused Shahrukh and when informant and his sister-in-law arrived at spot then he caused injury to the prosecutrix by throwing bucket.

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Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and initially in the FIR and in the statement of prosecutrix recorded under Section161 Cr.P.C. there was only allegation of outraging her modesty but when her statement under Section 164 Cr.P.C. was recorded then she stated that applicant also inserted his finger in her vagina and this fact itself shows that on the instigation of her parents prosecutrix made allegation of rape against the applicant. He further submits that actually dispute with regard to drain is pending between the parties and in this regard on 19.05.2022 applicant was challaned under Section 107/116 CrPC

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and this fact is evident from Annexure-2 to the affidavit but subsequently after about seven days i.e. on 27.05.2022 on the basis of false allegation FIR of the present case was lodged. He further submits that applicant is not having any criminal history and in the present matter he is in jail since 19.12.2022.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that for the first time victim in her statement recorded under Section 164 Cr.P.C. stated that applicant also inserted his finger in her vagina and earlier applicant was challaned under Section 107/116 Cr.P.C. due to the dispute with the informant.

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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 is minor girl aged about 10-12 years and she in her statement recorded under Section 164 Cr.P.C. made allegation that applicant inserted his finger in her vagina but no such allegation was made by her in her statement recorded under Section 161 Cr.P.C. neither any such allegation was made against the applicant in the FIR of the present case.

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Further, from Annexure-2 to the affidavit it appears that some dispute arose between informant and applicant and applicant on 19.05.2022 was challaned under Section 107/116 Cr.P.C. and after about seven days of the Challan FIR of the present case was lodged against the applicant on 27.05.2022.

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Therefore, considering the facts and circumstances of the case discussed 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 - Rijwan 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

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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 :- 21.7.2023 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

Rijwan 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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