Court allowed bail application filed by Bobeen accused in a case involving sexual offences and kidnapping. Application based on false implications and victim testimony contradictions.
Accused released on bail on personal bond and two sureties.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57403 of 2022
Applicant :- Bobeen @ Neeraj Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sanjeet Kumar Mishra,Rohit Shukla Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The instant application for bail has been moved on behalf of the applicant, Bobeen @ Neeraj with the prayer to enlarge him on bail in Case Crime No.459 of 2022, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station Behat, District Saharanpur, during pendency of the trial.
Notice is served upon opposite party no.3 but she has not put in appearance and has not file any counter affidavit to counter the version of the bail application.
Learned counsel for the applicant has submitted that the first information report is based on false and fabricated facts. The accused/ applicant is innocent who has been falsely implicated in this case. No injury was found either in private or external part of the body of the victim. There is contradiction between the statements under Sections 161 and 164 CrPC. According to the statement under Section 161 CrPC applicant accused Bobeen was found together with the victim when she woke up in the morning and therefrom she was taken to Haridwar where the applicant made physical relation two times and on the call of his family members applicant accused carried her to the concerned police station. It is not stated by the victim that the applicant accused had made physical relation forcefully or without her will. Learned counsel for the applicant further contends that since one Mohit, brother of the prime accused Govind is a police constable, therefore, the concerned investigating officer did not mention the name of Govind in the statement under Section 161 CrPC and contrary to that in the statement under Section 164 CrPC the victim has solely accusing Govind for the commission of the alleged crime and she has not stated that the applicant accused had committed the crime with her. He next contended that no alarm was raised by the victim during the journey though she passed through several public places during the alleged journey of kidnapping and
abduction. He has also submitted that the accused/applicant is languishing in jail since 17.09.2022 who has no previous criminal history. His further submission is that in case the applicant is enlarged on bail, he will not misuse the liberty of bail and he will also fully cooperate with the trial court in getting the trial concluded expeditiously. He has also submitted that the applicant will not intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case.
Per contra, learned AGA for the State has vehemently opposed the prayer for grant of bail. However, he has been unable to dispute the other factual submissions advanced by the learned counsel for the applicant.
Having heard learned counsel for applicant, learned AGA for State and upon consideration of evidence on record, accusations made as well as complicity of applicant but without expressing any opinion on merits of the case, applicant has made out a case for bail.
Accordingly, the bail application is allowed .
Let the applicant - Bobeen @ Neeraj be released on bail in the aforesaid case on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that the trial of the aforesaid case shall be conducted without being influenced by any observation made herein above which are confined to the disposal of the instant application for bail.
Order Date :- 14.3.2023 Shahroz
Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant bail to the applicant accused accused under Sections 363, 366, 376 IPC and POCSO Act pending trial.
Bobeen @ Neeraj
State Of U.P.
Umesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
