Court allowed bail application under Section 439 Cr.P.C. Finding no initial rape allegation in FIR but improvement later. Victim's affidavit on 17.05.2023 stated she lives with applicant. Prima facie case for bail found.
Released on personal bond and two sureties with conditions to cooperate in trial and not interfere with evidence.
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Neutral Citation No. - 2023:AHC:114335
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6524 of 2023
Applicant :- Siyaram Chaudhary Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A.,Brij Kishor Singh,Chandra Prakash Pandey,Sunil Kumar Tiwari
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State, Mr. Sunil Kumar Tiwari, learned counsel appearing on behalf of the victim and Mr. Brij Kishor Singh, learned counsel appearing on behalf of the first informant/opposite party no. 2.
The instant bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 230 of 2022, under Sections 354, 376, 506 I.P.C. and Sections 3/4 POCSO Act, Police StationPaikoliya, District-Basti, during the pendency of trial.
As per the prosecution case in brief, informant who is father of the victim lodged first information report on 20.10.2022 against the applicant with the allegations inter-alia that applicant has been making physical relation with his daughter for the last one year. On 15.10.2022 at about 03:30 o'clock when his daughter had gone to throw the dunk in the field, accused-applicant was already ambushed there and started molesting her. On raising alarm by his daughter, he ran away.
It is argued by learned counsel for the applicant that the victim is a student of Bachelor of Arts and was also consenting party with the applicant and this fact was known to her family members. It is next pointed out that on 19.10.2022, some altercation took place between the father of the victim and brother-in-law of the applicant who was challaned under Sections 151, 107 and 116 Cr.P.C. on 19.01.2020 by the police thereafter father of the victim lodged the F.I.R. against the applicant
on false and concocted allegations. It is also pointed out that as on date, victim is living in the house of the applicant and before the trial court, she has denied the prosecution case, therefore, she has been declared hostile at the request of the prosecution. Under the aforesaid circumstances, the applicant who is languishing in jail since 21.11.2022 may be enlarged on bail. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
On the other hand, learned A.G.A. opposed the prayer for bail of the applicant but learned counsel appearing on behalf of the informant as well as victim did not oppose the prayer for bail of the applicant. Learned counsel for the victim has also pointed out that the victim has filed a short counter-afÏdavit dated 17.05.2023 stating in paragraph no. 5 that she has left her home on 20.03.2023 on her own sweet will because of her torture by her father and other family members and presently she is living in the house of the applicant along with applicant's parents as she is having love affair with the applicant.
Having heard learned counsel for the parties and examined the matter in its entirety, I find that in the F.I.R., there is no allegation of rape against the applicant but later on improvement has been made in the prosecution case during investigation. In the light of an afÏdavit dated 17.05.2023 of the victim, as noted above, I find that the applicant has made out prima-facie case for bail. Hence, the bail application is hereby allowed.
Let the applicant- Siyaram Chaudhary , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(ii) That the applicant shall not directly or indirectly make any 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 to any police ofÏcer or tamper with the evidence.
(iii) That after his release, the applicant shall not involve in any criminal activity.
(iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail.
In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant.
Order Date :- 24.5.2023 Saurabh
Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail application filed under Section 439 Cr.P.C. allowed considering prima facie case made by applicant.
Whether improvement in prosecution allegation from molestation to rape affects bail application.
1 provisions across 1 enactments
Siyaram Chaudhary
State Of U.P.
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
