Allowed

Panne Lal Saroj v. State of U.P Thru. Its Prin. Secy. Deptt. of Home, Civil Secrt. Lko. and Others

Allahabad HC25 Jan 2024/660/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by an accused charged with rape under Section 376 IPC and POCSO Act. The court found the case a fit one for bail due to lack of corroborative evidence, inconsistencies in victim statements, and absence of criminal antecedents, imposing standard bail conditions including prohibition on tampering with evidence and seeking adjournments.

What did the court decide?

The applicant is released on bail subject to furnishing a personal bond and two sureties, complying with conditions to not tamper with evidence, intimidate witnesses, or abuse the liberty of bail.

Panne Lal Saroj Vs State of U.P Thru. Its… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:7822

¶2

Court No. - 14

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 660 of 2024

¶4

Applicant :- Panne Lal Saroj Opposite Party :- State Of U.P Thru. Its Prin. Secy. Deptt. Of Home, Civil Secrt. Lko. And Others Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.

¶5

Hon'ble Karunesh Singh Pawar,J.

¶6

Counter affidavit filed today is taken on record.

¶7

Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

¶8

None appears for the complainant.

¶9

The present bail application has been filed by accused-applicant seeking bail in Case Crime No.200 of 2023, under Section 376 I.P.C. and Sections 5/6 POCSO Act, P.S. Munshiganj, District Amethi.

¶10

It is alleged in the F.I.R. by the informant who is victim also that she is 15 years old and on 13.10.2023 at about 11:00 pm applicant came in her village and called her through phone. Upon calling him, she went to road where she was caught hold by the applicant and applicant tried to rape her. When she cried her mouth was gagged and by putting her on the floor, applicant raped her. It is further alleged that after committing rape, applicant dropped the victim at her village thereafter, she cried and villagers ran after hearing the alarm and caught hold of Panne Lal Saroj and beaten him.

¶11

Learned counsel for applicant submits that prosecution story is falsified by the fact that according to the arrest memo, the applicant has not been caught from the house of the victim rather has been caught on Ekshara road near puliya.

¶12

He submits that victim in her statement under Section 161 Cr.P.C. has alleged that after receiving phone call of the applicant at 11:00 pm, she went on the road and despite refusing her she was made to sit forcibly on the vehicle of the applicant on two wheeler vehicle. Rebutting this allegation of the prosecution learned counsel for the applicant submits that it

¶13

is highly improbable as a single person cannot compel a victim to sit on his motor cycle against her wish. While giving statement under Section 164 Cr.P.C. she has made improvement and changed her version and this time she has said that her brother caught the applicant and brought him home and in the morning called the police whereas in the statement recorded under Section 161 Cr.P.C., it has been alleged that applicant dropped the victim on half way and ran way. The statements of the victim do not inspire confidence. There is no corroborative material such as medical etc. No mark of injury has been found in the medical report of the victim. There is no opinion regarding sexual assault. He further submits that different dates of birth of the prosecutrix have been given by the prosecution case in her school record. In the radio-logical examination she has been found to be major aged about 18 years.

¶14

Learned counsel for the applicant further submits that it is the prosecution case that the applicant was badly beaten after he was caught by the villagers. He submits that firstly, the arrest memo falsifies the prosecution case as he was not arrested from the house of the victim rather Ekshara road near puliya and secondly, from perusal of the report of medical officer, C.H.C. Shahgarh Amethi dated 14.10.2023, it is evident that no injury was found on the person of the applicant. Its a case of false implication. The applicant is in jail 14.10.2023.

¶15

Learned A.G.A. has opposed the bail prayer.

¶16

On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 14.10.2023, arrest memo as well as the statement of the victim under Sections 161 & 164 Cr.P.C., lack of corroborative evidence and the fact that applicant has no criminal antecedents, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

¶17

Accordingly, the bail application is allowed .

¶18

Let the applicant Panne Lal Saroj be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

¶19

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

¶20

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

¶21

witness.

¶22

(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.

¶23

(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.

¶24

(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.

¶25

(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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

¶26

Order Date :- 25.1.2024 Saurabh Yadav/-

¶27

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

Panne Lal Saroj v. State of U.P Thru. Its Prin. Secy. Deptt. of Home, Civil Secrt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Panne Lal Saroj v. State of U.P Thru. Its Prin. Secy. Deptt. of Home, Civil Secrt. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Arif Khan Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow

Mateen Ahmad Vs State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko.

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

Budhana Vs State of U.P. Thru. Prin. Secy. Home, Lucknow

Balak Vs State of U.P. Thru. Secy. Home Deptt. Lucknow

Ram Dayal Vs State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko.