High Court · 2025

4. FIR of the present case was lodged against applicant with regard to enticement of the daughter of the informant aged about thirteen years.

5. Learned counsel for the applicant submits that on the basis of false allegation, applicant has been made accused in the present matter.

6. He further submits that however, victim during investigation in her statements recorded under Sections 161 and 164 Cr.P.C. stated that applicant committed rape upon her and as per the prosecution, she was around 13-14 years of age but entire allegation levelled against applicant is totally false.

7. He further submits that actually applicant is the distant relative of the victim and dispute is pending between sister of the applicant and maternal grandmother of the victim and only due to this reason, he has been made accused in the present matter. He further submits, the fact of dispute is even evident from the statement of the victim recorded under Section 164 Cr.P.C.

8. He further submits that applicant is in jail in the present matter since 04.07.2022 i.e. for last more than two and half years and till date trial of the case could not be concluded and considering this fact a report was called from the court concerned, which is now on record and from its perusal, it reflects, till date only five prosecution witnesses could be examined out of total twenty two witnesses of the charge-sheet. He further submits, report also suggests that inspite of the repeated summons, prosecution witnesses are not appearing before the court concerned and therefore, there is no hope of early disposal of the trial. He further submits, from the report, it could also not be reflected that applicant is causing delay in trial.

9. He further submits that victim of the case has already been examined by the court concerned and therefore, there is no chance of tampering with the prosecution evidence if applicant would be enlarged on bail.

10. He further submits that applicant is not having any criminal history tot his credit.

11. Per contra, learned AGA opposed the prayer for bail and submits that victim was hardly 13-14 years old girl and in her both the statements recorded during investigation, she categorically stated against applicant but could not dispute the fact that in her statement recorded under Section 164 Cr.P.C., she admitted that there is enmity between both the sides.

12. He further could not dispute that applicant is in jail in the present matter since 04.07.2022 i.e. for last more than two and half years and till date five prosecution witnesses could be examined out of total twenty two witnesses of the charge-sheet.

13. He further could not dispute the fact that victim of the case has already been examined by the court concerned.

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

15. However, as per allegation, applicant committed rape upon the daughter of the informant aged about 13-14 years old and victim in her both the statements recorded during investigation stated against applicant but from her statement recorded under Section 164 Cr.P.C., it reflects, she admitted that dispute is pending between sister of the applicant and her maternal grandmother, therefore, at this stage, possibility of false implication of the applicant in the present matter, cannot be ruled out.

16. Further, applicant is in jail in the present matter since

04.07.2022 i.e. for last more than two and half years and till date trial of the case could not be concluded and even from the report of the court concerned, it reflects, till date, only five prosecution witnesses could be examined out of total twenty two witnesses of the charge-sheet and therefore, there is no hope of early disposal of the trial.

17. Further, from the report of the court concerned, it could not be reflected that applicant caused any delay in trial.

18. Further, from the report of the court concerned, it also reflects that victim of the case has already been examined by the court concerned therefore, this Court finds merit in the argument of the learned counsel for the applicant that if applicant would be enlarged on bail then also there is no chance of tampering with the prosecution evidence.

19. Further, applicant is not having any criminal history to his credit.

20. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

21. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

22. Let the applicant- Bhaiyan 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:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (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. (iii) The applicant shall not indulge in any criminal and anti-social activity.

23. 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.

24. 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. Order Date :- 18.2.2025 Zafar MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad

4. FIR of the present case was lodged against applicant with regard to enticement of the daughter of the informant aged about thirteen years.

5. Learned counsel for the applicant submits that on the basis of false allegation, applicant has been made accused in the present matter.

6. He further submits that however, victim during investigation in her statements recorded under Sections 161 and 164 Cr.P.C. stated that applicant committed rape upon her and as per the prosecution, she was around 13-14 years of age but entire allegation levelled against applicant is totally false.

7. He further submits that actually applicant is the distant relative of the victim and dispute is pending between sister of the applicant and maternal grandmother of the victim and only due to this reason, he has been made accused in the present matter. He further submits, the fact of dispute is even evident from the statement of the victim recorded under Section 164 Cr.P.C.

8. He further submits that applicant is in jail in the present matter since 04.07.2022 i.e. for last more than two and half years and till date trial of the case could not be concluded and considering this fact a report was called from the court concerned, which is now on record and from its perusal, it reflects, till date only five prosecution witnesses could be examined out of total twenty two witnesses of the charge-sheet. He further submits, report also suggests that inspite of the repeated summons, prosecution witnesses are not appearing before the court concerned and therefore, there is no hope of early disposal of the trial. He further submits, from the report, it could also not be reflected that applicant is causing delay in trial.

9. He further submits that victim of the case has already been examined by the court concerned and therefore, there is no chance of tampering with the prosecution evidence if applicant would be enlarged on bail.

10. He further submits that applicant is not having any criminal history tot his credit.

11. Per contra, learned AGA opposed the prayer for bail and submits that victim was hardly 13-14 years old girl and in her both the statements recorded during investigation, she categorically stated against applicant but could not dispute the fact that in her statement recorded under Section 164 Cr.P.C., she admitted that there is enmity between both the sides.

12. He further could not dispute that applicant is in jail in the present matter since 04.07.2022 i.e. for last more than two and half years and till date five prosecution witnesses could be examined out of total twenty two witnesses of the charge-sheet.

13. He further could not dispute the fact that victim of the case has already been examined by the court concerned.

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

15. However, as per allegation, applicant committed rape upon the daughter of the informant aged about 13-14 years old and victim in her both the statements recorded during investigation stated against applicant but from her statement recorded under Section 164 Cr.P.C., it reflects, she admitted that dispute is pending between sister of the applicant and her maternal grandmother, therefore, at this stage, possibility of false implication of the applicant in the present matter, cannot be ruled out.

16. Further, applicant is in jail in the present matter since

04.07.2022 i.e. for last more than two and half years and till date trial of the case could not be concluded and even from the report of the court concerned, it reflects, till date, only five prosecution witnesses could be examined out of total twenty two witnesses of the charge-sheet and therefore, there is no hope of early disposal of the trial.

17. Further, from the report of the court concerned, it could not be reflected that applicant caused any delay in trial.

18. Further, from the report of the court concerned, it also reflects that victim of the case has already been examined by the court concerned therefore, this Court finds merit in the argument of the learned counsel for the applicant that if applicant would be enlarged on bail then also there is no chance of tampering with the prosecution evidence.

19. Further, applicant is not having any criminal history to his credit.

20. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

21. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

22. Let the applicant- Bhaiyan 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:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (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. (iii) The applicant shall not indulge in any criminal and anti-social activity.

23. 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.

24. 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. Order Date :- 18.2.2025 Zafar MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad