Krishna Kumar Paswan v. State of U.P. and 3 Others

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52243 of 2023 Applicant :- Krishna Kumar Paswan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶2Learned counsel for the applicant submits that the date of birth of the victim has been recorded as 10.01.2006 in her school leaving certificate issued by the Headmaster of Uchchattar Prathmik Vidyalaya Mahuri, Vikas Khand Brijmanganj, District Maharajganj, whereas the certificate issued by Chief Medical Officer Maharajganj, her age has been assessed as sixteen years. Learned counsel further submits that in fact, the victim is major and that the victim in her statement recorded under Section 161 Cr.P.C. has specifically stated at about 11:00 P.M. the applicant had called her and she went with the applicant thereafter, at about 03:00 P.M. they sat in a garden whereas, the victim in her statement recorded under Section 164 Cr.P.C. has levelled allegation that on the pretext of marriage the applicant had made physical relation with her. Learned counsel has drawn attention of this Court to the medical report, wherein the victim has refused to undergo for internal and external examination. It is thus contended that the allegation of making physical relation stands falsifies. Learned counsel further argued that the applicant has been falsely implicated in the present case, due to parti bandi. 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 23.10.2023, having no criminal history.

¶3Per contra, learned A.G.A. has 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.

¶4Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

¶5Let applicant Krishna Kumar Paswan involved in Case Crime No.217 of 2023 under Sections 363, 376, 506 I.P.C., Section 3/4 of POCSO Act, Police Station Kolhui, District Maharajganj, be released 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:- A. The applicant shall not tamper with the evidence during the trial. B. The applicant shall not pressurize/ intimidate the prosecution witness. C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected. E. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶6In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. Order Date :- 6.12.2023 S.Ali High Court of Judicature at Allahabad