High Court
Case Details
Court No. - 50 Case :- CRIMINAL APPEAL No. - 7692 of 2022 Appellant :- Salman Ansari Respondent :- State Of U. P. Through Its Secretary Home And Another Counsel for Appellant :- Manish Kumar Kashyap,V.P. Singh Kashyap Counsel for Respondent :- G.A. Hon'ble Ram Manohar Narayan Mishra,J.
Legal Reasoning
Supplementary affidavit filed by learned counsel for the appellant is taken on record. Instant criminal appeal under Section 14(A)(2) of SC/ST Act has been preferred against order dated 05.09.2022 passed by learned Special Judge (SC/ST Act), Badaun, in Case Crime No. 306 of 2022, under Sections 376, 504, 506 I.P.C. and 3(2)(5) SC/ST Act & 67A I.T. Act, 3, 5(1) U.P. Law Against Religion Prohibition Act, P.S.- Alapur, District- Budaun, whereby the bail application of the appellant has been rejected. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material on record. As per information received from learned A.G.A., notice has been served on first informant, however, none appeared from her side to contest the present criminal appeal. No counter affidavit has been filed from her side as yet. Learned counsel for the appellant submitted that the informant/prosecutrix lodged an F.I.R. in present case on 10.08.2022 at 12:15 hours against the accused appellant, wherein she has stated that she is residing in Malad West, Mumbai from 04.01.2022, she is native of village Khurd P.S- Allapur District- Badaun, U.P. 6 years ago when she was studying in Smt. Radhikadevi Kanya Inter College, Kharkholi, Khurd, Badaun, the accused was also studying there. The informant and accused developed friendship, he was insisting to make physical relations with her despite her disinclination and refusal, therefore, he started blackmailing her by misusing her certain photographs and she did not state anything about this to her family members due to family disapproval and insult and used to concede to the immoral desires of the accused. He exploited her physically by keeping her in fear and blackmailing her for death. At that time, she was minor, after being fed up with his torture, she agreed to marry with him but he started exerting pressure on her to convert her in Muslim religion and when she refused his offer, he abused her by using caste specific words and being scared by the accused, she left her village and came to Mumbai, but he kept on connecting with her on telephone and used to abuse and threaten her. Her some personal photographs and videos were uploaded on social media, due to which she felt very embarrassed and insulted. Learned counsel for the appellant submitted that the accused has been falsely implicated in the case, he is held in jail custody since September, 2022 and bail application has been rejected by Court below without considering submissions made on behalf of the appellant in proper perspective. In High-School Mark-sheet, the date of birth of victim is mentioned as 10.08.2002, accordingly, she was aged around 19 years at the time of incident. He next submitted that as a matter of fact, the victim and applicant had agreed to get married but due to difference in religion their respective family were not ready for their marriage. There are inconsistencies in statement of victim recorded under Section 161 and 164 Cr.P.C. and she has admitted in her statement under Section 161 Cr.P.C. that for a period of 6 years, she did not inform her family regarding the atrocities committed on her by accused. She had improved her F.I.R. version in her statement under Section 161 and 164 Cr.P.C. He next submitted that victim has not supported her F.I.R. version as well as her statement under Section 164 Cr.P.C., during trial as P.W.-1 and has made no allegations against the appellant therein. She has clarified that the accused had never committed rape on her. He has committed nothing against her, she has filed the written report before the P.S. concerned at behest of co-villagers and the statement under Section 164 Cr.P.C. was recorded at the instance of police. She has admitted that this fact that she was in friendly relations with accused since the time she was studying in Class-IX, she has also clarified that the phone of the accused/appellant got stolen and somebody downloaded her personal photographs and video from her Instagram account and made it viral from mobile phone of the accused. He never abused her by any caste specific words, he never threatened her for religious conversion and whatever she has said in the Court is outcome of her free will. He next submitted that even mother of the victim has also not supported prosecution version and her statement under Section 161 Cr.P.C. against accused appellant. Per contra, learned A.G.A. opposed the bail application and submitted that victim has leveled serious allegations against the appellant regarding commission of rape and making her photographs and video viral on social media. He further submitted that victim has supported F.I.R. version in her statements recorded under Section 161 and 164 Cr.P.C. during investigation and it appears that during trial she has been influenced by appellant for reasons best known to her and she has not supported the F.I.R. version. Considering rival submissions of the parties, nature of offence, allegations, complicity of accused and the fact that victim has modified and changed her version at different stages and particularly during trial, she has not supported her F.I.R. during investigation, without expressing any opinion on the merits of the case, a case of bail is made out.
Decision
Consequently, the appeal is allowed and the order dated 05.09.2022 is set aside. Let the appellant- Salman Ansari aforesaid case be released on bail on their furnishing personal bonds with two sureties each in the like amount to the satisfaction of the Court concerned with following conditions:- (i) That the appellant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the appellant 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. (iii) That after his release, the appellant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the appellant on bail. It is made clear that in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the appellant. It is also made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. On acceptance of bail bonds and personal bonds, the lower court shall transmit Photostat copies thereof to this Court for being kept on the record. Order Date :- 28.3.2023 Nitika Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad