The Supreme Court in the case of Niranjan Singh and another v. Prabhakar Rajaram Kharote and Others, AIR

Applicant :- Aamir Alias Raja Alias Sameer Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Atul Kumar Srivastava,Whaquar Ahmad Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

1. List has been revised.

2. Learned A.G.A. has informed that the notice to the informant has been served on 28.10.2024.

3. Heard Sri Whaquar Ahmad, Sri Atul Kumar Srivastava, learned counsels for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the record.

4. Applicant seeks bail in Case Crime No.579 of 2024, under Section 65(1) B.N.S., Section 3/4 POCSO Act and Section 3/5(1) of Prohibition of Unlawful Religions Conversion Act, Police Station Tajganj, District Agra, during the pendency of trial. PROSECUTION STORY:

5. The applicant is stated to have blackmailed the minor daughter of the informant, aged between 13-14 years, and had taken her to a hotel and committed rape with her.

6. The applicant is stated to have forced her to convert to Islam on 07.09.2024 at about 3:00 p.m. ARGUMENTS ON BEHALF OF APPLICANT:

7. The applicant is absolutely innocent and has been falsely implicated in the present case.

8. It is the prosecutions case that the applicant and the victim were apprehended alongwith each other and taken to the police station, whereby the arrest memo of the applicant does not mention any injury sustained by him, but the G.D. of the institution No.68 dated 07.09.2024/20:09 hours categorically states that a bluish and read injury was observed on his back, as such, the said G.D. entry contradicts the arrest memo.

9. The victim, by her looks, seems to be major and as per ossification test report, her age has come out to be 17 years.

10. The victim is a consenting party as is evident from the fact that she has refused her internal medical examination and the CCTV footage of the locality was perused by the Investigating Officer and in none of those footages, it was found that the applicant was going alongwith the victim to the hotel, as such, the allegations are false.

11. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length.

12. There is no criminal history of the applicant. The applicant is languishing in jail since 08.09.2024 and is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF STATE/INFORMANT:

13. The bail application has been opposed but the submissions raised by the learned counsel for the applicant could not be disputed. CONCLUSION:

14. The Supreme Court in the case of Niranjan Singh and another vs. Prabhakar Rajaram Kharote and Others, AIR 1980 SC 785 has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself.

15. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception.

16. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been recapitulated by the Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690.

17. Reiterating the aforesaid view the Supreme Court in the case of Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 has again emphasised that the very well-settled principle of law that bail is not to be withheld as a punishment is not to be forgotten. It is high time that the Courts should recognize the principle that "bail is a rule and jail is an exception".

18. Learned A.G.A. could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant.

19. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned A.G.A.

20. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

21. Let the applicant- Aamir Alias Raja Alias Sameer involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C/351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

22. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

23. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 17.2.2025 (Ravi Kant) (Justice Krishan Pahal) RAVI KANT High Court of Judicature at Allahabad

Applicant :- Aamir Alias Raja Alias Sameer Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Atul Kumar Srivastava,Whaquar Ahmad Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

1. List has been revised.

2. Learned A.G.A. has informed that the notice to the informant has been served on 28.10.2024.

3. Heard Sri Whaquar Ahmad, Sri Atul Kumar Srivastava, learned counsels for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the record.

4. Applicant seeks bail in Case Crime No.579 of 2024, under Section 65(1) B.N.S., Section 3/4 POCSO Act and Section 3/5(1) of Prohibition of Unlawful Religions Conversion Act, Police Station Tajganj, District Agra, during the pendency of trial. PROSECUTION STORY:

5. The applicant is stated to have blackmailed the minor daughter of the informant, aged between 13-14 years, and had taken her to a hotel and committed rape with her.

6. The applicant is stated to have forced her to convert to Islam on 07.09.2024 at about 3:00 p.m. ARGUMENTS ON BEHALF OF APPLICANT:

7. The applicant is absolutely innocent and has been falsely implicated in the present case.

8. It is the prosecutions case that the applicant and the victim were apprehended alongwith each other and taken to the police station, whereby the arrest memo of the applicant does not mention any injury sustained by him, but the G.D. of the institution No.68 dated 07.09.2024/20:09 hours categorically states that a bluish and read injury was observed on his back, as such, the said G.D. entry contradicts the arrest memo.

9. The victim, by her looks, seems to be major and as per ossification test report, her age has come out to be 17 years.

10. The victim is a consenting party as is evident from the fact that she has refused her internal medical examination and the CCTV footage of the locality was perused by the Investigating Officer and in none of those footages, it was found that the applicant was going alongwith the victim to the hotel, as such, the allegations are false.

11. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length.

12. There is no criminal history of the applicant. The applicant is languishing in jail since 08.09.2024 and is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF STATE/INFORMANT:

13. The bail application has been opposed but the submissions raised by the learned counsel for the applicant could not be disputed. CONCLUSION:

14. The Supreme Court in the case of Niranjan Singh and another vs. Prabhakar Rajaram Kharote and Others, AIR 1980 SC 785 has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself.

15. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception.

16. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been recapitulated by the Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690.

17. Reiterating the aforesaid view the Supreme Court in the case of Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 has again emphasised that the very well-settled principle of law that bail is not to be withheld as a punishment is not to be forgotten. It is high time that the Courts should recognize the principle that "bail is a rule and jail is an exception".

18. Learned A.G.A. could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant.

19. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned A.G.A.

20. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

21. Let the applicant- Aamir Alias Raja Alias Sameer involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C/351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

22. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

23. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 17.2.2025 (Ravi Kant) (Justice Krishan Pahal) RAVI KANT High Court of Judicature at Allahabad