Allahabad High Court
Sirajuddin Alias Nankanna vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 2 January, 2024
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:197
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15191 of 2023
Applicant :- Sirajuddin Alias Nankanna
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others
Counsel for Applicant :- Manoj Kumar Singh
Counsel for Opposite Party :- G.A.,Ashutosh Bajpai
Hon'ble Karunesh Singh Pawar,J.
Case called out in the revised list. None appears on behalf of the complainant.
Learned counsel for the applicant and learned AGA for the State are present.
This Court has noted that vide order dated 21.12.2023, last opportunity was granted to the complainant to file the counter affidavit/objection, even though, today neither the counter affidavit/objection has been filed on behalf of the complainant nor anyone has appeared on behalf of the complainant.
In view of the above, the Court is proceeding to decide the bail application finally.
Learned counsel for the applicant submits that the FIR has been lodged after a delay of 18 days. The allegations in the FIR of committing rape by the applicant as well as beating the victim by the co-accused persons have been found false. The medical does not support the prosecution case at all. In the statement under Section 164 Cr.P.C., she has denied the incident. As per her own statement under Section 164 Cr.P.C., she is 19 years old. In the ossification test, she has been found to be 16 years old.
It has been submitted by learned counsel for the applicant that plus-minus two years of variation is possible on either side in determination of the age as per the ossification test and the applicant being the accused is entitled to the benefit of higher side. Learned counsel for the applicant has placed reliance on the judgment of the Supreme Court passed in the case of "Jaya Mala v. Govt. of J & K, (1982) 2 SCC 538".
It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
On due consideration to the delay in lodging of the FIR; statement of the victim under Section 164 Cr.P.C. as well as medical report and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Accordingly, the bail application is allowed.
Let the applicant, Sirajuddin Alias Nankanna involved in Case Crime/FIR No. 501/2023, under Sections 376 (3) IPC and Section 3/4 POCSO Act, Police Station - Nanpara, District - Bahraich, be released on bail on his 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:-
(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 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.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 2.1.2024/R.C.
