Allahabad High Court
Vishnu Saini vs State Of U.P. on 19 November, 2016
Bench: Karuna Nand Bajpayee
HIGH COURT OF JUDICATURE AT ALLAHABAD
?A.F.R.
Court No. - 43
Criminal Misc. Bail Application No. 280904 of 2015
IN
Case :- CRIMINAL APPEAL No. - 3419 of 2015
Appellant :- Vishnu Saini
Respondent :- State Of U.P.
Counsel for Appellant :- Irshad Husain,Syed Imran Ibrahim
Counsel for Respondent :- Govt.Advocate
Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the appellant and learned A.G.A. for the State.
Perused the record.
Submission of counsel for the appellant is that according to the medical examination report, the age of the victim is about 17 years. Further submission is that actually she is much above that age and is fully grown up major girl. Submission is that in the FIR and the statement given by the victim in the court below version given was that the appellant had come inside the house and in the mid night at about 11.30 p.m. in the absence of victim's father he committed coitus with the victim and after committing coitus he left the house telling the victim that she should not disclose this fact to her father. Later on, when her father came to the house at 12.30 A.M. she told the incident to her father. Further submission is that when the victim was examined before the Magistrate under Section 164 Cr.P.C. version given was substantially different and it was stated by the victim that while the appellant was committing sexual act with her, during that time, all of a sudden her father came back and it was on this that the appellant ran way from the roof. It was also stated by the victim that the appellant had pushed her and her father aside while running away. It was thereafter that she had narrated the incident to her father. Submission is that actually the victim and the appellant were carrying on a love affair and the appellant was called by the victim herself in the house and whatever happened in between the two was with their mutual consent. Contention is that as the father of the victim had arrived in the house unexpectedly, the clandestine sexual relationship got exposed and, therefore, just in order to prove her innocence false allegation has been made against the appellant as there was no way for the girl left to save her honour. It has been submitted that the story that the father of the victim came in the house after the appellant had left the house is deliberately introduced wrongly with purpose so that the matter of consenting relationship may get suppressed. Further contention is that it also sounds improbable to suggest that even though the victim was sleeping in the house all alone when there was nobody else, yet she would not lock the doors from inside the house in the night hours and allow the out-sider to come inside the house unchecked, unresisted and unobstructed. This fact of unchecked and unobstructed entry of the appellant in the house is the pointer towards the fact that she herself had managed the entry in the absence of her father in the mid night to carry on her physical relationship with the appellant. Counsel for the appellant has also pointed out several inconsistencies in the evidence of the witnesses. Much emphasis has also been laid by the counsel for the appellant on the period of detention and showing that the appellant is behind the bars since 5.2.2013 and he has already spent about 3 years in jail and there is no likelihood of any early hearing of the appeal, and therefore, the appellant may be enlarged on bail.Several other submissions in order to demonstrate the falsity of the allegations made against the appellant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the appellant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. Counsel has attempted to point out several other inherent infirmities in the evidence and also the elements of improbability contained therein and it has been argued that with such infirmities on record there is a reasonable prospect of this appeal being allowed after final hearing takes place.
Learned A.G.A. has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early hearing and conclusion of appeal, this Court is of the view that the appellant may be enlarged on bail.
Let the appellant- Vishnu Saini, convicted and sentenced in S.T. No. 295 of 2013, State of U.P. Versus Vishnu Saini, arising out of case crime no. 123 of 2013, under Section 376 IPC and Section 4 of the Protection of Children from Sexual Offences Act, P.S.- Khurja Nagar, District- Bulandshahr be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail bond and personal bond, the lower court concerned shall transmit the photostat copies thereof to this Court for being kept on the record.
Order Date :- 19.11.2016
CPP/-
Case :- CRIMINAL APPEAL No. - 3419 of 2015
Appellant :- Vishnu Saini
Respondent :- State Of U.P.
Counsel for Appellant :- Irshad Husain,Syed Imran Ibrahim
Counsel for Respondent :- Govt.Advocate
Hon'ble Karuna Nand Bajpayee,J.
Bail of the appellant was heard and granted.
Office is required to list this appeal in due course for hearing after preparation of the paper book.
Order Date :- 19.11.2016
CPP/-
