Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53819 of 2021 Applicant :- Asha Devi Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- Mrityunjay Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Mrityunjay Dwivedi, learned counsel for applicant and learned A.G.A. for State.
Perused the record.
This application for bail has been filed by applicant- Asha Devi seeking her enlargement on bail in Case Crime No.335 of 2021, under sections 376, 342, 120B I.P.C., Police Station- Sikandrarau, District- Hathras, during pendency of trial.
Record shows that in respect of an incident which is alleged to have occurred on 27.07.2021, a prompt F.I.R. dated 27.07.2021 was lodged by first informant- Ramji Lal (father of prosecutrix) and was registered as Case Crime No.335 of 2021, under sections 354, 506 I.P.C. and 7/8 POCSO Act, Police Station- Sikandrarau, District- Hathras. In the aforesaid F.I.R., one person, namely Akash has been nominated as solitary named accused.
According to prosecution story as unfolded in the F.I.R., it is alleged that on 27.07.2021 at around 10:00 am, applicant enticed away the minor daughter of first informant, namely, Aarti aged about 17 years. The F.I.R. further states that named accused Akash eve-teased the prosecutrix.
Subsequent to aforesaid F.I.R., statement of prosecutrix was recorded under section 161 Cr.P.C. by Investigating Officer. Same is on record as Annexure-4 to the affidavit. Thereafter, prosecutrix was medically examined on 28.07.2021 and her Medico Legal Report is on record as Annexure-3 to the affidavit. Ultimately, statement of prosecutrix was recorded under section 164 Cr.P.C. on 11.08.2021, which is on record as Annexure-5 to the affidavit.
Police upon completion of statutory investigation of above- mentioned case crime number in terms of Chapter XII Cr.P.C.
and on the basis of material collected during the course of investigation has found the complicity of present applicant established in above-mentioned case crime number along with named accused Akash. Accordingly, Investigating Officer submitted a charge-sheet dated 27.10.2021, whereby applicant and named accused Akash have been charge-sheeted under sections 376, 342 and 120B I.P.C.
Learned counsel for applicant contends that applicant is a lady and she is innocent. She has been falsely implicated in above- mentioned case crime number. Allegations made in F.I.R. are false and concocted. No conviction of applicant is possible on the basis of the allegations made in F.I.R. as well as the statements of prosecutrix recorded under sections 161/164 Cr.P.C. Applicant is a lady of clean antecedents and she has no criminal history to her credit. Applicant is in jail since 19.10.2021. In case, applicant is enlarged on bail, she shall not misuse the liberty of bail and shall co-operate with the trial.
Learned counsel for applicant next contends that applicant is a lady and by virtue of section 437 Cr.P.C., she is liable to be enlarged on bail. Since, applicant is a lady and, therefore, no offence under section 376 I.P.C. could be committed by her. Learned counsel for applicant has then invited attention of Court to the statement of prosecutrix as recorded under section 161 Cr.P.C., wherein prosecutrix has stated that her age is 17 years. Reference has then been made to the statement of prosecutrix recorded under section 164 Cr.P.C., wherein prosecutrix has disclosed her age as 18 years. Further, learned counsel for applicant invited the attention of Court to the Medico Legal Report and as per the medical evidence age of prosecutrix has been determined as 15-16 years. Learned counsel for applicant has then referred to the educational certificate of the prosecutrix, wherein her date of birth is recorded as 30.08.2002. On the aforesaid premise, learned counsel for applicant contends that on the date of occurrence i.e. 27.07.2021, prosecutrix was aged about more than 18 years. As such, prosecutrix is major. The medical evidence does not support the prosecution story. Prosecutrix is a consenting party. On the aforesaid premise, learned counsel for applicant contends that applicant is liable to be enlarged on bail.
Per contra, learned A.G.A. has opposed this bail application. However, he could not dispute the factual and legal submissions urged by learned counsel for applicant.
Having heard learned counsel for applicant, learned A.G.A. for State, upon perusal of record, complicity of applicant and accusations made, this Court finds that applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicant Asha Devi involved in Case Crime No.335 of 2021, under sections 376, 342, 120B I.P.C., Police Station- Sikandrarau, District- Hathras be released on bail on her furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. The applicant 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions,the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 21.12.2021 Saif Digitally signed by Justice Rajeev Misra Date: 2021.12.21 17:18:56 IST Reason: Document Owner Location: High Court of Judicature at Allahabad