Allahabad High Court
Shani @ Sani vs State Of U.P. on 1 May, 2018
Bench: Karuna Nand Bajpayee
HIGH COURT OF JUDICATURE AT ALLAHABAD
?A.F.R.
Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15983 of 2018
Applicant :- Shani @ Sani
Opposite Party :- State Of U.P.
Counsel for Applicant :- S.M.Ayaz Ali,Pawan Singh Pundir
Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the applicant and learned A.G.A.
Perused the record
Submission of counsel is that according to the medical examination report, the victim girl was found to be about 16 years but actually she was much above that age and was fully grown up major girl at the time of incident. Further submission is that the victim is said to have been enticed away on 8.8.2017 but the application was moved by victim's mother on 13.8.2017 against the accused persons. Submission is that according to the version given in the FIR itself, the victim was shown by her mother to be of 17 years and it was alleged that she was coaxed, cajoled and enticed away by the applicant and the other co-accused persons. Submission is that according to the prosecution, the victim was kept with the accused for quite a few days. Submission is that the allegation of administering something intoxicating also runs contrary to the allegation made in the FIR by victim's mother about the manner of her going away, according to which, she was coaxed and cajoled by the accused and was not taken away with any coercive measures. Submission is that the allegation that she was turned unconscious by administering something intoxicating and then was taken away in that condition, looks highly improbable as it does not stand the reason as to how she was taken away in an unconscious state to such long distances without being noticed or objected to by the people around. Further submission is that while the victim was examined by the Investigating Officer, she did not make any allegation of committing rape upon her, but later on when she was examined by the Magistrate, she gave an exaggerated version making the allegation of committing rape upon her by the applicant and other co-accused persons. Submission is that this allegation made by the victim before the Magistrate stands sharply contradicted by her previous statement given before the Investigating Officer and very strongly indicates the falsity of the allegation. Submission is that the facts and circumstances indicate that the victim had gone along with the applicant on her own volition wilfully and that the complete omission of any allegation of rape against the applicant at the earlier stage makes out a prima facie case of bail in favour of applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant 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 applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 9.11.2017 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. 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 conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Shani @ Sani, involved in Case Crime No. 871 of 2017, u/s 363, 366, 328, 506, 376D I.P.C. and 3/4 POCSO Act, P.S.-Uttar, District-Firozabad, 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 the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 1.5.2018
LN Tripathi
