Aman Singh v. State of U.P. and 3 Others

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48701 of 2023 Applicant :- Aman Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kshitij Tiwari Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Shri Narendra Kumar, Advocate, has filed his vakalatnama on behalf of informant, which is taken on record.

¶2Heard learned counsel for the applicant, learned A.G.A for the State as well as learned counsel for the informant and perused the record.

¶3Learned counsel for the applicant submits that initially F.I.R. was lodged by the complainant against the applicant with the allegation that on 06.09.2023 his daughter aged about 15 years went away from the house, on search he got information that applicant had enticed her away her minor daughter for solemnizing marriage with her. Learned counsel for the applicant further submits that the victim in her statement recorded under Section 161 Cr.P.C. has stated that on the date of incident on her own will she left her house at about 11:00 hours in the night and met with the applicant, thereafter, she went with the applicant on his motorcycle and reached Varanasi and they both stayed in a rented room and physical relations were made between them on her own will and applicant had not made physical relations forcibly. Learned counsel for the applicant further submits that the victim in her statement recorded under Section 164 Cr.P.C. has totally changed the version of her earlier statement recorded under Section 161 Cr.P.C. and made allegations against two persons namely, Rajesh Singh and Babbu Pal by stating that on the date of incident at about 11:00 p.m. when went outside the house to ease herself they both took her forcibly by pressing her mouth and committed her rape. Learned counsel for the applicant further submits that thus there are several contradictions in the statements of the victim recorded under Section 161 & 164 Cr.P.C. Learned counsel for the applicant further submits that in the medical examination of the victim the doctor has found no external injury on her body. Learned counsel for the applicant further submits that in the supplementary medical examination no sperm was seen by the doctor. Learned counsel for the applicant further submits that allegations made by the victim in her statement recorded under Section 164 Cr.P.C. also doe not corroborate with her medical report. He thus submits that no offence against the applicant is made out and the applicant has falsely been implicated in the case. Learned counsel for the applicant further submits that in the F.I.R. the complainant has stated that age of the victim is 15 years whereas as per her school report her age is about 13 years, which also falsifies the prosecution case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 16.09.2023, having no criminal history.

¶4Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

¶5After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

¶6Let applicant-Aman Singh, involved in Case Crime No. 95 of 2023, under Section 363, 366, 376(3) I.P.C. and Section 3/4 of Protection of Children From Sexual Offences Act, Police Station Baburi, District Chandauli, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.

(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.

¶7The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail in accordance with law.

¶8The bail application is allowed. Order Date :- 16.11.2023 Mustaqeem./S. Ali. High Court of Judicature at Allahabad