Sunil Kumar v. State of U.P. and 3 Others

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49204 of 2023 Applicant :- Sunil Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Apul Misra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Sri Shatruhan Yadav, learned AGA for the State apprised the Court that notice has been served upon the informant on

03.11.2023. Despite service of notice, none present on behalf of the informant.

¶2Heard Sri Apul Misra, learned counsel for the applicant and Sri Shatruhan Yadav, learned AGA for the State.

¶3The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 301 of 2023, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station Pali Mukeempur, District Aligarh during pendency of the trial.

¶4FIR of the present case was lodged against applicant under Sections 363, 366 IPC and according to the FIR applicant enticed away the daughter of the informant aged about 17 years.

¶5Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter and actually victim i.e. informant of the case is major girl and she herself had gone along with applicant and this fact is evident from her statement recorded under Section 161 Cr.P.C.

¶6He further submits that when the statement of victim was recorded under Section 164 Cr.P.C. then she changed her earlier version recorded under Section 161 Cr.P.C. and stated that she alone left her paternal home and nobody committed rape with her and in this statement she did not even disclose the name of applicant. He further submits that applicant is not having any criminal history and in the present matter he is in jail since

10.08.2023.

¶7Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that victim in her statement recorded under Section 164 Cr.P.C. categorically stated that she herself alone left her paternal home and she did not even disclose the name of applicant.

¶8I have heard learned counsel for the parties and perused the record of the case.

¶9Considering the statement of the victim recorded under Section 164 Cr.P.C. (Annexure-5), in my view, applicant is entitled to be released on bail.

¶10Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶11Let the applicant -Sunil Kumar 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.

¶12In 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.

¶13It 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 :- 20.11.2023 AK Pandey High Court of Judicature at Allahabad