Rahul Nishad v. State of U.P. and 3 Others

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50652 of 2023 Applicant :- Rahul Nishad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Santosh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Shri Shatrughan Yadav, learned A.G.A. for the State-respondent apprise the Court that on 21.11.2023, 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 Santosh Kumar Mishra, learned counsel for the applicant and Shri Shatrughan Yadav, learned A.G.A. for the State-respondent.

¶3The instant application has been filed seeking release of the applicant on bail in Case Crime No.255 of 2023, under Sections 363, 366, 376 IPC & Sections 3/4 POCSO Act, Police Station Rudrapur, District Deoria, during pendency of the trial in the court below.

¶4FIR of the present case was lodged on 22.06.2023 against applicant and others and according to the FIR, applicant enticed away the daughter of the informant aged about sixteen years. It is further mentioned in the FIR that daughter of the informant has also taken rupees and some jewelleries from her house.

¶5Learned counsel for the applicant submits that entire allegations made against applicant are totally false and baseless and victim in her statement recorded under Section 161 Cr.P.C. did not make any allegation of rape and categorically stated that she herself had gone alongwith with the applicant and performed marriage with him.

¶6He further submits that when the statement of victim was recorded under Section 164 Cr.P.C., she stated that she did not go alongwith the applicant and applicant never committed rape with her.

¶7He further submits that applicant is not having any criminal history and he is in jail in the present matter since 24.09.2023, therefore, he may be released on bail.

¶8Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that there are material contradictions in both the statements of the victim recorded under Sections 161 and 164 Cr.P.C.

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

¶10Considering the fact that there are material contradictions in both the statements of the victim recorded under Sections 161 and 164 Cr.P.C. and she did not make any allegation of rape against the applicant in her statement recorded under Section 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-Rahul Nishad, 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 :- 28.11.2023 Zafar High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad