Allahabad High Court
Neeraj vs State Of U.P. And 3 Others on 20 March, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46854 of 2022
Applicant :- Neeraj
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Arjun Singh Solanki
Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma
Hon'ble Krishan Pahal,J.
1. List has been revised. Learned counsel for the informant is not present.
2. Learned A.G.A. has informed that the notice to the informant has been served on 15.10.2022.
3. Heard Shri Arjun Singh Solanki, learned counsel for the applicant as well as Shri Vibhav Anand Singh, learned A.G.A. for the State and perused the record.
4. Applicant seeks bail in Case Crime No.91 of 2022, under Sections 363, 366, 376 I.P.C. & under Section 3/4 POCSO Act, Police Station Dholna, District Kasganj, during the pendency of trial.
5. As per prosecution story, the applicant alongwith co-accused person Bhulla are said to have enticed away the minor niece of the informant on 23.04.2022 at about 7:00 PM.
6. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about five days and there is no explanation of the said delay caused. The victim is a consenting party and she is a married wife of the applicant. To buttress his argument, learned counsel has placed much reliance on the statement of the victim recorded u/s 164 Cr.P.C. whereby she has categorically stated that she was married of to the applicant many years before the said date of occurrence and she was living with him as her wedded wife. She has also levelled serious allegations against the informant of immoral trafficking. As per ossification test report, the age of the victim was found to be 16 years, as such a leverage of two years may be granted to the applicant on the upper side in the light of the judgment of the Apex Court. As per Aadhaar Card, her date of birth was 25.03.2001, thus she is major. The victim has refused to be medically examined. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 21.06.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the Aadhaar Card annexed to the bail application is forged one, as such the applicant was minor at the time of offence and the consent cannot be granted any significance, although he could not dispute the factum of the statement of the victim recorded u/s 164 Cr.P.C.
8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
9. Let the applicant- Neeraj involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
(i) The applicant will not tamper with the evidence during the trial.
(ii). The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
(v) 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.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 20.3.2023
Ravi Kant
