Raj Kumar Verma Vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Neutral Citation No. - 2024:AHC-LKO:7320

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 505 of 2024 Applicant :- Raj Kumar Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.,Gyanendra Pathak

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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It is alleged in the FIR that minor daughter of the informant aged about 10 years was studying in primary school situated in the village in class-V. The applicant Raj Kumar Verma, who has posted as Siksha Mitra, on 12.09.2023 called upon the minor daughter of the informant and started inserting his hand in her underwear and further abused her.

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Learned counsel for the applicant submits that statement of the victim under Section 161 and 164 Cr.P.C. are at variance. She has made improvement while giving statement under Section 161 and 164 Cr.P.C. and therefore, they are not trustworthy. There is no corroborative evidence to substantiate the prosecution case. The victim has refused to undergo for the internal medical examination. Under RTI, information regarding the incident was sought by the Basic Siksha Adhikari, Barabanki as it was a departmental matter. Upon that information, an inquiry was conducted by the school and a report was submitted to the District Basic Education Officer wherein it has been mentioned that no such incident took place. The applicant has been falsely implicated in order to receive compensation from the State Exchequer. The applicant is languishing in jail since 25.10.2023 without having any criminal antecedent.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail prayer, however, could not dispute the fact that there is improvement made by the victim while giving statement under Section 164 Cr.P.C and she has refused to undergo for the internal medical examination.

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On due consideration to the fact that there is unexplained delay of five days in lodging the FIR; varied statements of the prosecution under Sections 161 and 164 Cr.P.C. and refusal by her to the internal medical examination, so also the fact that the applicant is languishing in jail since 25.10.2023 without having any criminal antecedent and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed.

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Let the applicant, Raj Kumar Verma, involved in Case Crime/FIR No. 506/2023, under Sections 376(A,B) IPC and Section 5(f)(m)/6 of POCSO Act, Police Station - Payagpur, District - Bahriach, be released on bail on his 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:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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 officer or tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the

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Order Date :- 24.1.2024/R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Raj Kumar Verma v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

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Raj Kumar Verma v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

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