High Court · 2025

State-respondent and Shri Pradeep Kumar Yadav, learned counsel for the informant.

3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.421 of 2023, under Sections 363, 366,376-D, 342, 506 I.P.C. and Sections 5G/6 POCSO Act, Police Station Eka, District Firozabad, during pendency of the trial in the court below.

4. FIR of the present case was lodged on 18.11.2023 against Shiva S/o Manoj Chauhan and according to the FIR, nominated accused enticed away the daughter of the informant aged about sixteen years.

5. Learned counsel for the applicant submits that applicant was not named in the FIR but on the basis of the statement of the victim recorded during investigation, he alongwith his two nephews namely Chandrabhan and Chandraveer has been made accused in the present matter.

6. He further submits that from the statement of the victim recorded under Section 161 Cr.P.C., it reflects however she stated that applicant has taken her upto Etah and thereafter his nephews i.e. co-accused Chandrabhan and Chandraveer has taken her to Noida where she started living with them and except this, there is no other allegation against applicant in her statement recorded under Section 161 Cr.P.C. He further summits, even there is no allegation of rape against co-accused Chandrabhan and Chandraveer in this statement.

7. He further submits when the statement of the victim was recorded under Section 164 Cr.P.C. then she changed her earlier version and stated that applicant forcibly took her from her house on 15.11.2023 and thereafter he alongwith his two nephews i.e. co- accused Chandrabhan and Chandraveer forcibly taken her on the motorcycle and thereafter they have taken her to Noida where they confined her in a room and beaten her and made physical relationship against her wishes.

8. He further submits that as per statement of the victim recorded under Section 164 Cr.P.C., she was even pregnant with the applicant but entire allegation made against him and other co- accused is totally false.

9. He further submits that considering the fact that there are material contradictions in both the statements of the victim recorded during investigation, both the co-accused Chandrabhan and Chandraveer have been released on bail by this Court vide order dated 29.11.2024 passed in Criminal Misc. Bail Application No.40849 of 2024 and except the fact that as per statement of the victim recorded under Section 164 Cr.P.C., she was pregnant with the applicant, case of applicant is exactly at par with them.

10. He further submits that however victim stated in her statement recorded under Section 164 Cr.P.C. that she was pregnant with the applicant but she could not deliver the child and her miscarriage was caused and therefore, there is no evidence, which can suggest that due to applicant, she was conceived.

11. He further submits that even from the statement of the victim recorded under Section 164 Cr.P.C., it reflects that as per her, applicant and co-accused Chandrabhan and Chandraveer i.e. all the three made physical relationship with her, therefore, it cannot be said that she conceived from the applicant.

12. He further submits that actually applicant is the uncle of co- accused Chandrabhan and Chandraveer and only due to this reason, he has been made accused in the present matter.

13. He further submits that applicant is having no criminal history and he is in jail in the present matter since 10.03.2024 i.e. for last almost a year.

14. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit that victim is about sixteen and half years old girl and therefore, she was minor at the time of incident and as per her statement recorded under Section 164 Cr.P.C., applicant and co-accused Chandrabhan and Chandraveer committed rape upon her and with the applicant, she also conceived but they could not dispute the fact that both co- accused Chandrabhan and Chandraveer have already been released on bail and victim could not deliver the child due to her miscarriage.

15. They further could not dispute the fact that victim under Section 161 Cr.P.C. did not make any allegation of rape or abduction against the applicant.

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

17. However, it appears, victim was about sixteen and half years old girl and she in her statement recorded under Section 164 Cr.P.C. stated that applicant and his two nephews i.e. co-accused Chandrabhan and Chandraveer committed rape upon her and with the applicant, she also conceived but in her statement recorded under Section 161 Cr.P.C., she did not make any allegation of rape against anyone including applicant, therefore, there are material contradictions in both the statements of the victim recorded during investigation.

18. Further, after considering the entire facts in detail, bail application of co-accused Chandrabhan and Chandraveer has been allowed by this Court and except the fact that as per statement of the victim recorded under Section 164 Cr.P.C., she was pregnant with the applicant, case of applicant is exactly at par with them.

19. Further, however, from the statement of the victim recorded under Section 164 Cr.P.C., it reflects, she conceived with the applicant but she could not deliver the child as her miscarriage was caused and therefore, except the statement of the victim recorded under Section 164 Cr.P.C., there is no other evidence, which can suggest that she conceived from the applicant. Further, considering the fact that even as per her statement recorded under Section 164 Cr.P.C., applicant and his two nephews committed rape upon her, this Court finds merit in the argument advanced by learned counsel for the applicant that it cannot be said that she conceived from the applicant.

20. Further, applicant is having no criminal history and he is in jail in the present matter since 10.03.2024 i.e. for last almost a year.

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

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

23. Let the applicant- Veerendra, 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.

24. 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.

25. 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 :- 10.2.2025 Zafar MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad

State-respondent and Shri Pradeep Kumar Yadav, learned counsel for the informant.

3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.421 of 2023, under Sections 363, 366,376-D, 342, 506 I.P.C. and Sections 5G/6 POCSO Act, Police Station Eka, District Firozabad, during pendency of the trial in the court below.

4. FIR of the present case was lodged on 18.11.2023 against Shiva S/o Manoj Chauhan and according to the FIR, nominated accused enticed away the daughter of the informant aged about sixteen years.

5. Learned counsel for the applicant submits that applicant was not named in the FIR but on the basis of the statement of the victim recorded during investigation, he alongwith his two nephews namely Chandrabhan and Chandraveer has been made accused in the present matter.

6. He further submits that from the statement of the victim recorded under Section 161 Cr.P.C., it reflects however she stated that applicant has taken her upto Etah and thereafter his nephews i.e. co-accused Chandrabhan and Chandraveer has taken her to Noida where she started living with them and except this, there is no other allegation against applicant in her statement recorded under Section 161 Cr.P.C. He further summits, even there is no allegation of rape against co-accused Chandrabhan and Chandraveer in this statement.

7. He further submits when the statement of the victim was recorded under Section 164 Cr.P.C. then she changed her earlier version and stated that applicant forcibly took her from her house on 15.11.2023 and thereafter he alongwith his two nephews i.e. co- accused Chandrabhan and Chandraveer forcibly taken her on the motorcycle and thereafter they have taken her to Noida where they confined her in a room and beaten her and made physical relationship against her wishes.

8. He further submits that as per statement of the victim recorded under Section 164 Cr.P.C., she was even pregnant with the applicant but entire allegation made against him and other co- accused is totally false.

9. He further submits that considering the fact that there are material contradictions in both the statements of the victim recorded during investigation, both the co-accused Chandrabhan and Chandraveer have been released on bail by this Court vide order dated 29.11.2024 passed in Criminal Misc. Bail Application No.40849 of 2024 and except the fact that as per statement of the victim recorded under Section 164 Cr.P.C., she was pregnant with the applicant, case of applicant is exactly at par with them.

10. He further submits that however victim stated in her statement recorded under Section 164 Cr.P.C. that she was pregnant with the applicant but she could not deliver the child and her miscarriage was caused and therefore, there is no evidence, which can suggest that due to applicant, she was conceived.

11. He further submits that even from the statement of the victim recorded under Section 164 Cr.P.C., it reflects that as per her, applicant and co-accused Chandrabhan and Chandraveer i.e. all the three made physical relationship with her, therefore, it cannot be said that she conceived from the applicant.

12. He further submits that actually applicant is the uncle of co- accused Chandrabhan and Chandraveer and only due to this reason, he has been made accused in the present matter.

13. He further submits that applicant is having no criminal history and he is in jail in the present matter since 10.03.2024 i.e. for last almost a year.

14. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit that victim is about sixteen and half years old girl and therefore, she was minor at the time of incident and as per her statement recorded under Section 164 Cr.P.C., applicant and co-accused Chandrabhan and Chandraveer committed rape upon her and with the applicant, she also conceived but they could not dispute the fact that both co- accused Chandrabhan and Chandraveer have already been released on bail and victim could not deliver the child due to her miscarriage.

15. They further could not dispute the fact that victim under Section 161 Cr.P.C. did not make any allegation of rape or abduction against the applicant.

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

17. However, it appears, victim was about sixteen and half years old girl and she in her statement recorded under Section 164 Cr.P.C. stated that applicant and his two nephews i.e. co-accused Chandrabhan and Chandraveer committed rape upon her and with the applicant, she also conceived but in her statement recorded under Section 161 Cr.P.C., she did not make any allegation of rape against anyone including applicant, therefore, there are material contradictions in both the statements of the victim recorded during investigation.

18. Further, after considering the entire facts in detail, bail application of co-accused Chandrabhan and Chandraveer has been allowed by this Court and except the fact that as per statement of the victim recorded under Section 164 Cr.P.C., she was pregnant with the applicant, case of applicant is exactly at par with them.

19. Further, however, from the statement of the victim recorded under Section 164 Cr.P.C., it reflects, she conceived with the applicant but she could not deliver the child as her miscarriage was caused and therefore, except the statement of the victim recorded under Section 164 Cr.P.C., there is no other evidence, which can suggest that she conceived from the applicant. Further, considering the fact that even as per her statement recorded under Section 164 Cr.P.C., applicant and his two nephews committed rape upon her, this Court finds merit in the argument advanced by learned counsel for the applicant that it cannot be said that she conceived from the applicant.

20. Further, applicant is having no criminal history and he is in jail in the present matter since 10.03.2024 i.e. for last almost a year.

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

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

23. Let the applicant- Veerendra, 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.

24. 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.

25. 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 :- 10.2.2025 Zafar MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad