Ashok Singh alias Sokhi alias Sukkhi v. St at e of Ut t arakhand

The First I nform at ion Report was lodged on

02.09.2023 by t he com plainant , wherein it was st at ed t hat her elder grand- daught er, who is m arried t o one Am an Singh, had fled away and had also t aken t he younger grand- daught er wit h her. The younger grand- daught er was st at ed t o be approxim at ely 14 years of age at t he t im e of t he incident . The FI R alleged t hat eit her t he elder grand- daught er and her husband or 1 one Sukkhi ( present applicant ) was responsible for t aking away t he m inor girl.

3. During t he course invest igat ion, st at em ent s of t he vict im were recorded under Sect ions 161 and 164 Cr.P.C. The St at e relies upon t he subsequent st at em ent s of t he vict im , wherein she allegedly st at ed t hat she was t hreat ened by t he brot her of t he applicant and im plicat ed t he applicant in t he incident . The age of t he Vict im as verified t hrough school records, which indicat e her dat e of birt h as

10.02.2009. The charge sheet was subsequent ly filed against t he applicant under t he aforem ent ioned sect ions.

4. Learned counsel t he applicant has subm it t ed t hat t he applicant is innocent and has been falsely im plicat ed in t he present case due t o old enm it y rivalry wit h t he com plainant 's fam ily. I t subm it t ed t hat t he allegat ions m ade in t he FI R dat ed

02.09.2023 are vague and based m erely on suspicion, as t here is no specific role at t ribut ed t o t he present applicant . The FI R does not clearly allege t hat t he applicant ent iced or abduct ed t he alleged m inor vict im , and t he nam e of t he applicant appears only as a possibilit y am ong ot hers, which indicat es t hat t he FI R is speculat ive in nat ure.

5. I t is furt her cont ended t hat t he vict im , in her st at em ent recorded under Sect ion 161 Cr.P.C., has cat egorically st at ed t hat she left her hom e volunt arily along wit h her elder sist er and brot her- in- law Am an Singh, as her grandm ot her was at t em pt ing t o rem arry her elder sist er despit e her already being legally 2 m arried.

6. The alleged vict im has clearly st at ed t hat t he present applicant has been falsely im plicat ed by her grandm ot her, and t here was no role played by t he applicant in her leaving t he house. This st at em ent under Sect ion 161 Cr.P.C. clearly exonerat es t he applicant from any culpabilit y.

7. I t is also urged t hat t he applicant has not been nam ed as t he person from whom t he alleged vict im was recovered. There is no recovery from t he possession of t he applicant , nor is t here any direct evidence connect ing t he applicant t o t he alleged offence under Sect ions 363, 366, 376( 3) I PC and Sect ion 5/ 6 of t he POCSO Act . The im plicat ion of t he applicant appears t o be an aft ert hought and not support ed by credible m at erial on record.

8. The applicant has been in j udicial cust ody since 13.10.2023 and no furt her cust odial int errogat ion is required. I t is cont ended t hat t he applicant has no crim inal ant ecedent s and is a law- abiding cit izen. The charge sheet has already been subm it t ed and t he t rial is st at ed t o be in progress. Hence, cont inued incarcerat ion of t he applicant is not necessary.

9. The St at e has opposed t he present bail applicat ion. I t is cont ended t hat t he case at hand involves grave and non- bailable offences under Sect ions 363, 366, 376( 3) I PC and Sect ions 5 and 6 of t he Prot ect ion of Children from Sexual Offences Act ,

2012. The St at e alleges t hat t he applicant , Ashok Singh @ Sokhi @ Sukkhi, along wit h co- accused Am an Singh and t he vict im ’s elder sist er, conspired t o t ake away t he 3 m inor girl from her lawful guardianship on 02.09.2023 wit h t he int ent t o facilit at e her m arriage wit h t he co- accused Am an Singh.

10. The m inor was allegedly t ransport ed t hrough various locat ions including Haridwar, Muzaffarnagar, ult im at ely Delhi, and was recovered

11.09.2023. I t is alleged t hat during t his period, t he vict im was subj ect ed t o sexual assault by t he co- accused Am an Singh. The applicant is alleged t o have been involved in aiding t he t ravel and concealm ent of t he m inor during t his period.

11. The St at e relies on t he vict im ’s init ial st at em ent and t he subsequent recovery t o link t he applicant t o t he offence. While t he st at em ent under Sect ion 164 Cr.P.C. prim arily accuses Am an Singh, t he St at e cont ends t hat t he applicant ’s role in facilit at ing t he m ovem ent and concealm ent of t he m inor cannot be ignored, involvem ent rem ains invest igat ion.

12. Heard learned Counsels for t he Part ies and perused t he records.

13. The present case involves serious allegat ions under Sect ions 363, 366, 376( 3) I PC and Sect ions 5 and 6 of t he POCSO Act , 2012. However, aft er a close exam inat ion of t he records, it is apparent t hat t he specific allegat ions of rape under Sect ion 376( 3) I PC and Sect ions 5 and 6 of t he POCSO Act are not direct ly levelled against t he applicant .

14. The vict im , in her st at em ent recorded under Sect ion 161 Cr.P.C., does not at t ribut e any sexual 4 assault or coercion t o t he applicant , Ashok Singh @ Sokhi @ Sukkhi, but m ent ions t he co- accused Am an Singh as t he principal perpet rat or. This om ission is significant and cast s doubt on t he applicant 's involvem ent in t he alleged offense of sexual assault .

15. The applicant 's role, is lim it ed t o being a co- t raveller or an associat e of t he vict im and her elder sist er, who allegedly fled wit h co- accused Am an Singh. There is no evidence on record t hat direct ly links t he applicant t o any coercion, abduct ion, or sexual assault . I n fact , t he applicant 's involvem ent is only peripheral, and t he charges fram ed against him under Sect ions 363 and 366 I PC do not suggest any act ive role in t he abduct ion or inducem ent of t he m inor girl, as t he prim e allegat ions are against Am an Singh.

16. The applicant has been in cust ody since

26.09.2023, and t he invest igat ion regarding his role in t he crim e has been concluded. No furt her recovery or invest igat ive act ion is pending from t he applicant , and t he charge sheet has been filed. I n light of t hese fact s, is pert inent t o consider whet her t he applicant 's cont inued det ent ion is warrant ed.

17. The Hon’ble Suprem e Court in Sa n t o sh K u m a r Sa t i sh b h u sh a n Ba r i y a v s. St a t e o f M a h a r a sh t r a ( 2 0 1 7 ) 7 SCC 2 9 3 held t hat “ it is only when t he accused has com m it t ed a serious and heinous offense t hat t he libert y of t he individual can be curt ailed.” I n t he present case, t he allegat ions against t he applicant , while serious, do not rise t o t he level of a heinous offense t hat would j ust ify his cont inued incarcerat ion. 5

18. Furt herm ore, t he Suprem e Court in D a t a r a m Si n g h v . St a t e o f Ut t a r Pr a d e sh ,( 2 0 1 8 ) 3 SCC 2 2 , has st at ed t hat , “ …The prim ary purpose of bail in a crim inal case is t o secure t he presence of t he accused at t he t rial. The obj ect of bail is neit her punit ive nor prevent ive."

19. The applicant has no crim inal ant ecedent s, as affirm ed by t he St at e. His cont inued det ent ion wit hout sufficient evidence t o subst ant iat e a m ore significant role in t he com m ission of t he crim e is cont rary t o t he principle of libert y guarant eed under Art icle 21 of t he Const it ut ion. The Hon'ble Suprem e Court in M a n o j K u m a r v s. St a t e o f Ut t a r Pr a d e sh ( 2 0 1 5 ) 6 SCC 6 7 2 em phasized t hat " bail is t he rule and j ail is t he except ion," part icularly when t he accused does not pose a risk of absconding or t am pering wit h evidence. ORDER Let t he applicant , Ashok Singh @ Sokhi @ Sukkhi, be released on on his furnishing a personal bond wit h t wo suret ies of t he like am ount t o t he sat isfact ion of t he court concerned. The applicant shall not t am per wit h t he evidence, shall not at t em pt t o influence any wit ness, and shall appear before t he t rial court on each dat e fixed. I n case of breach of any of t hese condit ions, t he St at e shall be at libert y t o m ove for cancellat ion of bail. The bail applicat ion is allowed. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A SH I SH N A I TH A N I , J. Dt : 17.04.2025 SB 6