High Court
Case Details
Neutral Citation No. - 2023:AHC:121312 Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50707 of 2022 Applicant :- Sher Alam Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Laxmi Kant Bhatt Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Dr. S.B. Maurya, learned AGA-I for the State apprised the Court that on 06.05.2023 notice has been served upon the informant. Despite service of notice none appeared on behalf of the informant.
Legal Reasoning
2. Heard Sri Upendra Kumar Singh, Advocate holding brief of Sri Laxmi Kant Bhatt, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 423 of 2018, under Sections 363, 366, 376 IPC, Section 3/4 POCSO Act and 3(2)(v) SC/ST Act, Police Station Bilaspur, District Rampur during pendency of the trial. 4. FIR of the present case was lodged against applicant and his mother on 02.09.2018 under Section 372 IPC and 3(2)(v) SC/ST Act and according to the FIR on 30.08.2018, the daughter of the informant aged about 16 years had gone to take medicine but did not return and during search informant was informed by somebody that her daughter has been abducted by applicant and her mother and on 02.09.2018 informant recovered his daughter from the possession of applicant and her mother and thereafter she has taken her daughter and mother of the applicant at police station and applicant managed to escape. 5. Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and applicant neither abducted the victim nor he ever committed rape with her. He further submits that during investigation when the statement of the victim was recorded under Section 161 Cr.P.C. then she although stated that applicant enticed her away and after some time she lost her conscious and thereafter applicant and his mother pressurized her to perform marriage and threatened to sell her but in the statement recorded under Section 161 Cr.P.C. victim did not make any allegation of rape. He further submits in the FIR and in the statement of victim her age has been disclosed as 16 years. He further submits that when the statement under Section 164 Cr.P.C. of the victim was recorded then she started making allegation of rape, therefore, it appears that she is not reliable witness and she under pressure of her mother i.e. informant of the case started making allegation of rape. He further submits that as per doctor radiological age of the victim is 16 years and even as per victim and her mother she is around 16 years but as per school record she is 14 years and four months, therefore, it appears that victim is about 16-17 years old girl. 6. He further submits that applicant in the present matter is in jail since 07.09.2018 i.e. for last about four and half years and till date trial of the case could not be concluded and four prosecution witnesses has been examined including the victim and there is no chance of any tampering, therefore, applicant may be released on bail. 7. Per contra, learned AGA opposed the prayer for bail and submitted that age of the victim, as per school record, is about 14 years and she made specific allegation of rape against applicant in the statement recorded under Section 164 Cr.P.C. and even in her statement recorded under Section 161 Cr.P.C. she made allegation of enticement and pressure to perform marriage against applicant and his mother but could not dispute the fact that applicant is in jail since September, 2018 i.e. for last about four and half years and till date only four prosecution witnesses could be examined. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Although, from the record it appears that victim is below 18 years old girl and in the statement recorded under Section 164 Cr.P.C. she made allegation of rape against applicant but in earlier statement recorded under Section 161 Cr.P.C. she did not make any allegation of rape although she made serious allegation of abduction and threatening and pressure of marriage upon applicant and his mother but applicant in the present matter is in jail since September, 2018 i.e. for last about four and half years and till date trial could not be concluded, however, as per learned counsel for the applicant four prosecution witnesses have been examined. 10. Therefore, considering the long incarceration of the applicant for about four and half years, in my view, applicant is entitled to be released on bail. 11. Therefore, from the discussion made above, in view of this Court, it is a fit case to release the applicant on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Sher Alam 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. 14. 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. 15. 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 :- 30.5.2023 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad