Firoz Vs State of U.P.

Neutral Citation No. - 2023:AHC:193247

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34206 of 2022

Applicant :- Firoz Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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As matter also pertains to provisions of POCSO Act, therefore, notices were issued to the informant of the case. As per the office report dated 22.02.2023, notice has been served to the informant of the case. Despite service of notice, none appeared on behalf of the informant.

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Heard Sri Gaurav Kumar Singh, learned counsel for the applicant and Sri Ravi Kant Kushwaha, learned AGA for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 61 of 2022, under Sections 376(1), 323, 506 IPC & 3/4 POCSO Act, Police Station- Kotwali Padrauna, District- Kushinagar, during pendency of the trial in the court below.

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FIR of the present case was lodged against applicant and according to the FIR, applicant committed rape with the daughter of the informant aged about 13 years.

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Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and although, during investigation, in her statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. victim stated against the applicant but when she appeared before the trial court as P.W. 1 then she categorically stated that due to some dispute, applicant has been made accused in the present matter and thereafter she was declared hostile. He further submitted that applicant is not having any criminal history and he is in jail since 18.02.2022 i.e. for more than one and half years.

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Per contra, learned AGA although, opposed the prayer for bail but could not dispute the fact that during trial victim of the case has declared hostile and applicant is in jail for more than one and

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half years.

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

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Although, during investigation, victim in her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. stated that applicant committed rape with her but when she appeared before the trial court then she did not support the prosecution case and was declared hostile.

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Further, applicant is not having any criminal history and he is in jail since 18.02.2022 i.e. for more than one and half years.

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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- Firoz 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 :- 6.10.2023 / KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Firoz v. State of U.P.

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Firoz v. State of U.P.

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