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

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50576 of 2023 Applicant :- Aasif Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ranvijay Chaubey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Shri Manoj Kumar Singh, learned Brief Holder for the State-respondent apprise the Court that on 16.11.2023, notice has been served to the informant. Despite service of notice, none appeared on behalf of the informant to oppose this application for bail.

¶2Heard Shri Ranvijay Chaubey, learned counsel for the applicant and Shri Manoj Kumar Singh, learned Brief Holder for the State-respondent .

¶3The instant application has been filed seeking release of the applicant on bail in Case Crime No.165 of 2023, under Sections 363, 376(3) IPC, Sections 5/6 POCSO Act & Sections 3(2)V S.C./S.T. Act, Police Station Deoband, District Saharanpur, during pendency of the trial in the court below.

¶4FIR of the present case was lodged against applicant and one another and according to the FIR, applicant enticed away the daughter of the informant aged about eleven years.

¶5Learned counsel for the applicant submits that entire allegations made against applicant are totally false and baseless and actually victim is a major girl aged about eighteen years and she herself had gone alongwith with the applicant and this fact is evident from her both the statements recorded under Sections 161 and 164 Cr.P.C.

¶6He further submits that however victim in her statement recorded under Section 161 Cr.P.C. stated that physical relationship was developed between her and applicant but subsequently when her statement was recorded under Section 164 Cr.P.C., on query, she denied the allegation that applicant made physical relationship with her.

¶7He further submits that however as per school record, victim was twelve years at the time of incident but as per doctor, her radiological age was around eighteen years and this fact clearly suggests that her wrong date of birth was mentioned by her parents in her school records.

¶8He further submits that applicant is not having any criminal history and he is in jail in the present matter since 05.05.2023.

¶9Per contra, learned Brief Holder opposed the prayer for bail and submits that as per school, victim is hardly twelve years old but could not dispute the fact that as per doctor, her radiological age was around eighteen years and victim in her statement recorded under Section 164 Cr.P.C. categorically stated that applicant never made physical relationship with her.

¶10I have heard learned counsel for both the parties and perused the record of the case.

¶11Considering the fact that the radiological age of the victim was around eighteen years and in her statement recorded under Section 164 Cr.P.C. she categorically stated that applicant never made physical relationship with her, in my view, applicant is entitled to be released on bail.

¶12Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶13Let the applicant-Aasif, 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.

¶14In 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.

¶15It 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 :- 28.11.2023 Zafar High Court of Judicature at Allahabad