High Court
Case Details
Neutral Citation No. - 2025:AHC:139356 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18462 of 2025 Applicant :- Mamta Devi Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Anurag Tripathi,Subodh Tripathi Counsel for Opposite Party :- G.A.,Mayank Mohan Dutt Mishra Hon'ble Sanjay Kumar Singh,J.
Legal Reasoning
1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State, Shri M.M.D. Mishra, learned counsel appearing on behalf of the complainant and perused the record. 2-By means of this bail application, the applicant, who is involved in Case Crime No. 12 of 2025, under Section, 115(2), 61(2)B of BNS and 16/17 of POCSO Act, police station Bharthana, district Etawah, seeks enlargement on bail during the pendency of trial. 3-As per prosecution case, in brief, the complainant, who is father of the victim, got a first information report lodged on 20.01.2025 for the offence under Sections 137(2), 87 BNS and 3(2)(v) of SC and ST Act against Naman Babu making allegations inter alia that on 20.01.2025 at about 4:00 AM, his daughter aged about 14 years left home. She, while going with accused Naman Babu, also took Rs. 20,000/- in cash, ornaments and mobile of her mother. 4-It is argued by the learned counsel for the applicant as as per FIR, the victim was enticed away by Naman Babu and the applicant, who is the mother of the victim, has falsely been implicated in this case at the instance of one police personnel namely Dharmendra. In support of this submission, learned counsel pointed out that Daroga Dharmendra was closely associated with accused Naman Babu and in order to save the named accused-Naman Babu, he has extended threats and mounted pressure upon the victim to take the name of her mother Mamta Devi and one Ram Veer Singh in her statement. Accordingly, victim having no option left under the pressure of Daroga Dharmendra has given her statement under Section 180 and 183 BNSS as per directions given by Daroga Dharmendra. Consequent upon her statement under Section 180 and 183 BNSS, named accused person namely Naman Babu has been exonerated by the investigating ofÏcer and charge sheet has been submitted against the applicant, who is mother of the victim and co- accused Ram Veer Singh. 5-Much emphasis has been given by contending that after the statements of the victim were recorded under section 180 and 183 BNSS, the victim sent an application in her own handwriting to the Senior Superintendent of Police, Etawah on 25.03.2025 by registered post, which was delivered to the ofÏce of S.S.P. Etawah on 26.03.2025. The written application of the victim, receipt of registered post and delivery status have been brought on record as Annexures 19, 20 and 21 to the afÏdavit filed in support of the bail application, but the Senior Superintendent of Police, Etawah has not taken any action on the said application. It is further pointed out that when the statement of the victim was recorded before the trial court as PW-2, she has not made any allegation against the applicant and co-accused Ram Veer Singh, rather she has disclosed the entire incident which has happened with her making allegation of rape on her by Naman Babu and also made allegations against Daroga Dharmendra. It is also pointed out that co-accused Ramveer Singh has been granted bail by the Coordinate Bench of this Court in Criminal Misc. Bail Application No. 11413 of 2025 vide order dated 21.4.2025. 6-Lastly, it is submitted that in the light of the statement of the victim recorded before the trial court, there is bleak chance of conviction of the applicant. The applicant does not have any criminal history to her credit. The applicant is languishing in jail since 04.04.2025 and in case she is released on bail, she will not misuse the liberty of bail and cooperate with the trial. 7-Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant in the light of the statement of the victim under Section 180 and 183 BNSS, but could not satisfactorily reply as to why the Senior Superintendent of Police, Etawah has not taken any action on receipt of application of the victim as noted above. Learned Additional Government Advocate also does not dispute the statement of the victim recorded before the trial court. 8-Shri M.M.D. Mishra, learned counsel appearing on behalf of the victim supported the submissions advanced on behalf of the applicant by contending that Naman Babu is real accused, who has committed rape upon the victim, but the investigating ofÏcer has not conducted fair investigation and he in collusion with Daroga Dharmendra exonerated the real accused Naman Babu and by adopting different modus operandi made the applicant and Ramveer Singh accused to save Naman Babu. It is also pointed out that though the act and conduct of committing rape upon the victim by Naman Babu has been disclosed by the victim by giving vivid description of the occurrence, but till date trial court has not summoned Naman Babu and Daroga Dharmendra as additional accused to face trial. 9-Having heard the submissions of learned counsel for the parties and perusing the record, I find that the facts disclosed by the learned counsel for the parties are very shocking and if that being so, it is sheer misuse of powers by the police personnel. In the light of statement of the victim recorded before the trial court, I find substance in the submissions of learned counsel for the parties that she did not make any allegation against the applicant and Ramveer Singh, rather she has narrated the true fact which has happened with her. Since, the allegations of the prosecution and defence of the accused are still open to be urged before the trial court, therefore, this Court while hearing bail application is not recording any finding on merit of the case. 10-However, it is expected that the trial court shall consider each and every aspect of the matter as disclosed by the victim in her statement. 11-Keeping in view the nature of the offence, evidence, severity of punishment, complicity of the applicant and submissions of the learned counsel for the parties as noted above, this Court is of the opinion that the applicant has made out a prima facie case for bail. 12-Accordingly, the bail application of the applicant stands allowed. 13-Let the applicant-Mamta Devi be released on bail in the aforesaid case crime number 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) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly involve in any criminal activity. 14-In case of breach of above conditions by the applicant, it will be open for the prosecution to move bail cancellation application before the Court concerned. 15-Registrar (Compliance) of this Court is directed to send a copy of this order to the Senior Superintendent of Police, Etawah as well as to the trial court within a week for information. Order Date :- 14.8.2025 Ishrat Digitally signed by :- MOHAMMAD ISHRAT High Court of Judicature at Allahabad