Allahabad High Court
Shyamu Tiwari vs State Of U.P. on 1 March, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38108 of 2020
Applicant :- Shyamu Tiwari
Opposite Party :- State of U.P.
Counsel for Applicant :- Manvendra Singh,Diwakar Shukla,Sharad Kumar Srivastava
Counsel for Opposite Party :- G.A.,Vikas Singh
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Supplementary affidavit filed by learned counsel for the applicant is taken on record.
3. Heard Sri Diwakar Shukla, learned counsel for applicant and Sri Vikas Singh, learned counsel for the informant as well as Sri Yogesh Pal, learned A.G.A. for the State.
4. The present bail application has been filed by the applicant in Case Crime No.79 of 2020, under Sections 376, 306 IPC & 3/4 of POCSO Act, Police Station Kalyanpur, District Fatehpur with the prayer to enlarge him on bail.
5. As per prosecution story, the daughter of the informant had gone to fetch some leaves from tree on 17.5.2020 at about 05:30 p.m. near the railway line whereby the applicant, who happens to be her teacher at the coaching institute, is stated to have attempted to rape her. On hearing her shrieks, several persons of the village are stated to have reached there. On seeing them the applicant is stated to have run away from there leaving behind his mobile phone which is at the house of the informant. On 19.5.2020 the deceased person is said to have attempted to commit suicide by sprinkling kerosene oil on her and setting herself afire. The victim was rushed to the Hallet Hospital, Kanpur and she is stated to have told the incident to the informant on 23.5.2020, whereby the FIR was lodged on 24.5.2020.
6. Learned counsel for the applicant has stated that he has been falsely implicated in the present case. He has nothing to do with the said offence. The statement of the victim recorded under Section 161 Cr.P.C. and the dying declaration recorded under Section 32 of Evidence Act are inconsistent and self-contradictory. Learned counsel has stated that in the statement recorded under Section 161 Cr.P.C. the allegations of rape have been made as an improvement. Learned counsel has further stated that the applicant is languishing in jail since 25.5.2020 and only one witness, the mother of the deceased person, has been examined so far. There is no likelihood of conclusion of trial in near future. There is no criminal history of the applicant.
7. Per contra, learned counsel for the informant as well as learned A.G.A. have vehemently opposed the bail application on the ground that the there is dying declaration of the deceased person which categorically indicates that applicant had tarnished the pious relationship between teacher and student and had taken advantage of tender age of the victim and ravished her and she had attempted to commit suicide as such and later on succumbed to the injuries sustained.
8. After hearing learned counsel for the parties, going through the evidence on record and taking into consideration the said dying declaration and the statement of the deceased person recorded under Section 161 Cr.P.C. which also tantamount to dying declaration, I do not find it a fit case for grant of bail to the applicant.
9. The bail application is found devoid of merits and is, accordingly, rejected.
10. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, preferably within a period of one year from the date of production of certified copy of this order or as early as possible in view of the principle as has been laid down in the recent judgments of the Apex Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment.
11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 1.3.2023
Vikas
