Monu v. State of U.P. and 3 Others

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44464 of 2023 Applicant :- Monu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Sri Kunwar Tejendra Bahadur, learned AGA apprised the Court that on 06.10.2023 notice has been served upon the informant. Despite service of notice, none present on behalf of the informant.

¶2Supplementary affidavit filed today on behalf of the applicant is taken on record.

¶3Heard Sri Sushil Kumar Pandey, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA for the State.

¶4The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 192 of 2023, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station Jansath, District Muzaffar Nagar during pendency of the trial.

¶5FIR of the present case was lodged against applicant and co-accused Ashish and according to the FIR applicant and co-accused Ashish have enticed away the daughter of the informant aged about 17 years.

¶6Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and actually victim herself had gone along with applicant and this fact is evident from her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C.

¶7He further submits that in the statement recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. victim did not state that either applicant made physical relationship with her or committed rape with her. He further submits that applicant is not having any criminal history and in the present matter he is in jail since

09.08.2023.

¶8Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that victim in her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. did not state that applicant either made physical relationship with her or committed rape with her.

¶9I have heard learned counsel for the parties and perused the record of the case.

¶10Considering the statements of the victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C., in my view, applicant is entitled to be released on bail.

¶11Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶12Let the applicant -Monu be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶13In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶14It 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 :- 18.10.2023 AK Pandey High Court of Judicature at Allahabad