Allahabad High Court
Faizan @Officer vs State Of Up And 3 Others on 1 July, 2024
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:105987
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19237 of 2024
Applicant :- Faizan @Officer
Opposite Party :- State Of Up And 3 Others
Counsel for Applicant :- Javed Raza
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Learned A.G.A. has informed that notice to the informant has been served on 29.4.2024.
3. Heard Sri Priyavrat Tripathi, Advocate holding brief of Sri Javed Raza, learned counsel for the applicant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the record.
4. Applicant seeks bail in Case Crime No.533 of 2023, under Sections 363, 376, 504, 506 I.P.C., 3/4 POCSO Act and Section 3(1)D, Dha, 3(2)5, 3(2)5A SC/ST Act, Police Station- Bhoji Pura, District- Bareilly, during the pendency of trial.
5. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant in the night of 18.8.2023. Subsequently, when the informant had gone to the house of the accused persons to complain regarding the said act of the applicant, they are stated to have hurled abuses at him and threatened him.
6. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim is a consenting party as is evident from her statement recorded under Section 164 Cr.P.C., whereby she has not allayed any allegations of rape against the applicant. As per the school certificate also, the victim is stated to be of more than 16 years of age as her date of birth is stated to be 10.5.2007.
7. Learned counsel for the applicant has placed much reliance on the judgment of Supreme Court in Sushil Kumar vs. Rakesh Kumar, (2003) 8 SCC 673, wherein it has been stated that it is more often in the Indian Society that person shows the age of their wards much below than their actual age. In the case of Brij Mohan Singh vs. Priya Brat Narain Sinha, AIR 1965 SC 282, this Court, inter alia, observed that in actual life it often happens that persons give false age of the boy at the time of his admission to a school so that later in life he would have an advantage when seeking public service for which a minimum age for eligibility is often prescribed. It is also settled by Supreme Court that as per the medical records, a leverage of two years may be granted to the accused person.
8. 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. It is further stated that criminal history of the applicant stands explained in paragraph-12 of the affidavit filed with the bail application. The applicant is languishing in jail since 21.8.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.
9. Per contra, learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions raised by the learned counsel for the applicant.
10. 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.
11. Let the applicant- Faizan @ Officer involved in aforementioned case crime number be released on bail on furnishing a personal bond and two 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.
12. 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.
13. 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 :- 1.7.2024
Vikas
(Justice Krishan Pahal)
