Prem Shankar v. State of U.P. and 3 Others

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49814 of 2023 Applicant :- Prem Shankar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Sri Rajeev Dhar Dwivedi, learned AGA, for the State, apprised the Court that notice has been served to the informant of the case on 20.11.2023.

¶2Despite service of notice, none appeared on behalf of the informant.

¶3Heard Sri Sanajy Singh, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA, for the State.

¶4The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.76 of 2023, under Sections 363, 366, 376(3) and 506 IPC and Section 3/4(2) POCSO Act, Police Station Patwai, District Rampur during pendency of the trial.

¶5FIR of the present case was lodged on 7.7.2023 against the applicant and according to the FIR, on 4.7.2023 when informant woke up in the morning then found, his minor daughter aged about 14 years was not present at home and after search she was found near a crossing and she informed that in the morning when she had gone to defecate than applicant enticed her and taken to Rampur and committed rape upon her

¶6Learned counsel for the applicant submits that entire allegation made against the applicant is totally false and baseless and however, victim in her statement recorded under Section 161 Cr.P.C. repeated the version of the FIR and stated that after enticement applicant committed rape upon her.

¶7He further submits that victim in her statement under Section 164 Cr.P.C. stated that applicant enticed her and tried to make sexual assault upon her but categorically stated that applicant was neither committed rape upon her nor he ever removed either his or her clothes.

¶8He further submits that there are material contradictions in both the statement of the victim recorded under Sections 161 and 164 Cr.P.C.

¶9He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since

13.7.2023.

¶10Per contra, learned AGA opposed the prayer for bail and submits that victim was hardly 14 years old girl but he could not dispute the fact that from the statement of the victim recorded under Section 164 Cr.P.C. it reflects that no rape was committed upon her.

¶11I have heard learned counsel for the parties and perused the record of the case.

¶12However, victim appears to be about 14 years old girl but there are material contradictions in both the statements of the victim recorded under Sections 161 and 164 Cr.P.C. and from her statement recorded under Section 164 Cr.P.C. it reflects that no rape was committed upon her.

¶13Further, applicant is not having any previous criminal history and in the present matter he is in jail since 13.7.2023.

¶14Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

¶15Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶16Let the applicant-Prem Shankar 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.

¶17In 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.

¶18It 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 :- 7.12.2023 SKM High Court of Judicature at Allahabad