Allowed

Aman v. State of U.P. and Another

Allahabad HC2 Aug 2023BAIL/8788/2020

Case brief

AI extract

What is this about?

This bail application was filed by an accused in a case involving offences under IPC and POCSO Act seeking release. The court, noting the applicant's long detention and lack of remaining witnesses to examine despite differences in prosecution testimony, allowed the bail application without expressing an opinion on the merits.

What did the court decide?

Applicant released on bail by furnishing personal bond and two sureties in like amount with conditions of appearing in court and not tampering with evidence.

Aman Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:154984

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8788 of 2020

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Applicant :- Aman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narayan Singh(Kushwaha),Niklank Kumar Jain Counsel for Opposite Party :- G.A.,Hari Prakash Mishra

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Hon'ble Sameer Jain,J.

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None appeared on behalf of the informant. However, learned AGA for the State-respondent is present.

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Heard Sri Niklank Kumar Jain, learned counsel for the applicant and Sri Ghanshyam Mishra, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 110 of 2018, under Sections 376, 506 IPC, under sections 3(2)5, 3(2)6, 3(1)d SC/ST Act and under section 4 POCSO Act, Police Station Sakeet, District Etah, during pendency of the trial in the court below.

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

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Learned counsel for the applicant submitted that the entire allegation of rape made against the applicant is totally false and baseless and applicant has been made accused in the present matter due to business rivalry and applicant and informant both were in dairy business.

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He further submitted that although victim is hardly eight years

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old and she in her both the statements recorded under sections 161 and 164 Cr.P.C. stated that applicant committed rape with her but in spite of that no injury was found by the doctor on her private part and during investigation when Investigating Officer examined the doctor then she stated that she did not find any injury on the private part of the victim and when this fact was informed to the mother then in front of her, mother started scolding her daughter i.e. victim and this fact clearly suggests that on the instigation of her parents including mother, victim in her both the statements recorded under sections 161 and 164 Cr.P.C. made allegation of rape against the applicant.

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He further submitted that during trial although victim in her examination in chief supported the prosecution case but in cross examination, she on suggestion stated that she gave her statement before the trial court as per the instructions of her parents.

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He further submitted that as applicant is having no criminal history and he is in jail in the present matter since 4.12.2019, i.e for more than three and a half years.

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He further submitted that as witnesses of fact including victim have already examined before the trial court, therefore, there is no chance of tampering with the prosecution evidence.

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Per contra, learned AGA opposed the prayer for bail and submitted that victim is eight years old girl but could not dispute the fact that applicant is in jail since December, 2019 and victim in her statement before the trial court on suggestions given to her by the defence counsel stated that she on the instructions of her parents gave her statement before the trial court.

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Learned AGA further could not dispute the fact that even doctor in her statement under section 161 Cr.P.C. stated that when she informed the informant that victim is not having any injury on her private part then in front of her, mother of the victim started scolding her.

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He further submitted that applicant is in jail since 4.12.2019 and he is having no criminal history.

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

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Although, it appears from the record that victim is hardly eight years old and she in her both the statements recorded under sections 161 and 164 Cr.P.C. stated that applicant committed rape with her but no injury was found by the doctor on her private part and when this fact was informed to her mother then mother started scolding her daughter and threatened her in front of the doctor that she will look her at home and thereafter without any full medical examination, she has taken the victim.

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Further although, victim in the examination-in-chief before the trial court supported the version of the prosecution but during cross-examination on suggestion given by the defence counsel she stated that on the instructions of her parents she gave the statement before the trial court.

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Further, applicant is in jail since 4.12.2019 i.e for more than three and half years and all the witnesses of fact have already been examined including prosecutrix of the case.

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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

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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- Aman, 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 :- 2.8.2023

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Ankita

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Aman v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Aman v. State of U.P. and Another

Case brief

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