Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6967 of 2021 Applicant :- Arendra Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Brijendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant, Arendra with a prayer to release him on bail in Case Crime No. 212 of 2020, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, police station Mirzapur, district Shahjahanpur, during the pendency of trial.
As per prosecution case, informant-father of the victim lodged the first information report on 1.8.2020 in respect of the incident, which took place on 26.7.2020 for the offence under Sections 366 and 363 IPC against the applicant-Arendra, Dhanpal and Chatrapal alleging inter alia therein that on 26.7.2020 when his daughter had gone to attend the call of nature, she was enticed away by the accused persons.
It is argued by learned counsel for the applicant that on 11.8.2020 the victim herself came back to her house. Thereafter, her statement under Section 161 Cr.P.C. was recorded, in which she has not supported the prosecution case and stated that since she was annoyed with her parents, therefore, she had left her house and gone to the house of her sister without giving any information to anybody and when she came to know that her parents had lodged a false F.I.R. against the accused persons she returned back. The victim in her statement recorded under Section 164 Cr.P.C. also did not support the prosecution case and as per the medical examination report, the radiological age of the victim is about 17 years. Lastly, it is submitted that the victim was not enticed away by the applicant, but she herself left her house because she has inclination towards the applicant. It is again argued by the learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case. The applicant has no criminal history to his credit and is languishing in jail since 16.9.2020 and in case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant, but conceded on the point that the victim in her statements recorded under Sections 161 and 164 Cr.P.C. did not support the prosecution case.
I have considered the submissions of the parties and the fact that the victim has not supported the prosecution version in her statements recorded under Sections 161 and 164 Cr.P.C. and clearly stated that her parents have lodged the false F.I.R. against the accused persons, therefore the possibility of victim being consenting party with the applicant cannot be ruled out.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Without expressing any opinion on the merits of the case, let the applicant Arendra 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 which are being imposed in the interest of justice:-
(1) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(2) That 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(3) That after his release, the applicant shall not involve in any criminal activity
(4) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(6) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 12.8.2021 Sumaira