High Court
Case Details
Neutral Citation No. - 2023:AHC:170476 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35446 of 2023 Applicant :- Saroj Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Anurag Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Although from the order dated 11.8.2023 passed by this Court it appears that learned AGA, for the State, on the date apprised the Court that notice has been served to the informant of
Legal Reasoning
the case on 3.8.2023 but today Sri Imran Khan, learned AGA, apprised the Court that due to mistake this information was furnished on previous date and in fact informant refused to accept the notice in the presence of Village Pradhan.
Decision
2. Therefore, in view of the above, the instant bail application is being heard. 3. Heard Sri Anurag Kumar Pandey, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 4. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.78 of 2023, under Sections 363,366 and 376 IPC and Section 3/4 POCSO Act, Police Station Sehramau Dakshini, District Shahjahanpur during pendency of the trial. 5. FIR of the present case was lodged on 16.2.2023 against the applicant and six others through an application under Section 156(3) Cr.P.C. dated 3.1.2023 and according to the FIR, applicant enticed away the daughter of the informant aged about 15 years last year in the month of November- December and on 4.12.2022 applicant informed the family members of the informant that he eloped the victim and thereafter when informant and her family members made query from applicant and his family members then they confined the sister-in-law of the informant and also made sexual assault upon the informant. 6. Learned counsel for the applicant submits that totally on the basis of false allegation FIR of the present case was lodged. 7. He further submits that as per allegation applicant enticed away the daughter of the informant in the month of November- December, 2022 and with this regard no FIR was lodged and even with regard to incident dated 4.12.2022 an application under Section 156(3) Cr.P.C. was moved on 3.1.2023, i.e., after almost a month and this fact clearly suggests that totally on the basis of false allegation after several months applicant has been made accused in the present matter. 8. He further submits that during investigation when the daughter of the informant, i.e., prosecutrix was recovered then she although in her both the statements recorded under Sections 161 and 164 Cr.P.C. made allegation of gang rape against the applicant and others but her statement appears to be improbable and although she stated that she was sold by applicant but except verbal allegation, there is no evidence in this regard on record and admittedly prosecutrix started leaving with co-accused Amar Jeet and it appears that she was also having a child with him. 9. He further submits that there is no evidence on record which can show that applicant is the father of the child of the prosecutrix and totally on the basis of false allegation of rape applicant has been made accused in the present matter and entire allegation against the applicant is totally false and baseless. 10. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 3.5.2023. 11. Per contra, learned AGA opposed the prayer for bail and submits that there is allegation of gang rape against the applicant and his father and other accused persons and after that applicant sold the victim and thereafter co-accused Amar Jeet also sexually exploited the victim, therefore, allegations made against the applicant are serious in nature and victim was recovered after more than a year and, therefore, applicant does not deserve bail. 12. I have heard learned counsel for the parties and perused the record of the case. 13. Although there is allegation of rape and selling of prosecutrix against the applicant but FIR of the present case was lodged through an application under Section 156(3) Cr.P.C and even the application under Section 156(3) Cr.P.C. was moved after four months from the date of alleged enticement of the prosecutrix by the applicant. 14. Further, when during investigation prosecutrix was recovered then she was having a female child of about one year old and on query, she informed the Investigating Officer that she had performed marriage with Harjaan alias Amarjeet, who subsequently made accused in the present matter and he is the father of the female child. 15. Further, from the statements of the prosecutrix recorded under Sections 161 and 164 Cr.P.C. it also reflect that prosecutrix started living with co-accused Harjaan alias Amarjeet. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant-Saroj 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. 19. 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. 20. 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 :- 24.8.2023 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad