Pawan Pasi Vs State of U.P. Thru.Prin.Secy. Home and 3 Others

Neutral Citation No. - 2024:AHC-LKO:48

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8409 of 2023

Applicant :- Pawan Pasi Opposite Party :- State Of U.P. Thru.Prin.Secy. Home And 3 Others Counsel for Applicant :- Pashupati Nath Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State-respondents and perused the record.

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None appears for the complainant although the notices are served.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.483 of 2022, under Sections 363, 366, 376 I.P.C. and Section 3/4 of the POCSO Act, P.S. Shivgarh, District Rae Bareli.

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It is alleged in the prosecution case that the victim has been enticed away on 27.10.2022 at about 3 o'clock in the noon by the applicant from her house. She has studied up to class XI.

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Learned counsel for applicant submits that occurrence has taken place on 27.10.2022. The victim has been recovered on 01.11.2022. As per the school record, the date of birth of the victim is 10.08.2006 and according to that she is 16 years and 7 months old at the time of incident however, as per the Adhaar Card she is more than 17 years and 11 months old.

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It is contended that in her statement under Section 161 Cr.P.C., she has admitted the consensual relationship with the applicant however, while giving statement under Section 164 Cr.P.C., she has contradicted her earlier statement and has alleged a rape upon the applicant. While giving statement before the doctor in the medical examination altogether a different statement has been made by the victim. In the medical, no injury has been found on any part of the victim. Medical does not corroborate the prosecution story, the statement of the victim which suffers from improvement does not inspires confidence. It is lastly contended that date of birth of the victim i.e. 10.08.2006 has been recorded by the Investigating Officer on the basis of the

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photocopy of the mark-sheet of the victim which is not admissible in evidence. The applicant has no criminal history. He submits that charge-sheet has been filed and applicant is in jail since 28.10.2022.

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

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 28.10.2022, medical examination report of the victim as well as the three statements made by the victim i.e. under Section 161 Cr.P.C., under Section 164 Cr.P.C. and the statement before the doctor; conclusion of the trial will take some time, without expressing any opinion on 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 Pawan Pasi 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:

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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

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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.

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Order Date :- 2.1.2024 Saurabh Yadav/-

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

Pawan Pasi v. State of U.P. Thru.Prin.Secy. Home and 3 Others

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Pawan Pasi v. State of U.P. Thru.Prin.Secy. Home and 3 Others

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