Mahesh v. State of U.P.And 3 Others

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52855 of 2023 Applicant :- Mahesh Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Dr. Kamlesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Sri Jhamman Ram, learned AGA for the State apprised the Court that on 29.11.2023 notice has been served to the informant of the case. Despite service of notice, none appeared on behalf of the informant.

¶2Heard Sri Mrityunjaya Singh, learned counsel for the applicant, Dr. Kamlesh Kumar, learned counsle for the informant and Sri Jhamman Ram, learned AGA for the State-respondent.

¶3The instant application has been filed seeking release of the applicant on bail in Case Crime No. 110 of 2023, under Sections 363, 366, 376 IPC & 3/4 POCSO Act & 3(2)(5A) SC/ST (Prevention of Atrocities) Act, Police Station-Rahra, District-Amroha, during pendency of the trial in the court below.

¶4FIR of the present case was lodged against applicant and according to the FIR, applicant enticed away the daughter of the informant aged about 16 years.

¶5Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and this fact is evident from the statement of the victim recorded under Section 161 Cr.P.C.

¶6He further submitted that victim in her statement recorded under Section 161 Cr.P.C. categorically stated that she herself had gone alongwith the applicant upto Delhi and applicant did not commit any offence against her. He further submitted that when the statement of the victim was recorded under Section 164 Cr.P.C. then she changed her earlier version and stated that while she was going to evacuate herself, then applicant committed rape upon her, therefore, there are material contradictions in her both the statements and and it appears that subsequently, under the pressure of her parents, she started making allegation of rape against the applicant in her statement recorded under Section 164 Cr.P.C.

¶7He further submitted that applicant is not having any criminal history and he is in jail since 07.06.2023.

¶8Per contra, learned AGA however, opposed the prayer for bail but could not dispute the fact that there are material contradictions in both the statements of the victim recorded during investigation.

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

¶10However, from the record, it reflects that victim was aged about 16 years' old and she made allegation of rape against the applicant in her statement recorded under Section 164 Cr.P.C. but earlier when her statement was recorded under Section 161 Cr.P.C. then she did not make any allegation against the applicant and stated that she herself had gone alongwith the applicant upto Delhi and categorically stated that applicant did not commit any offence against her, therefore, there are material contradictions in both the statements of the victim recorded during investigation.

¶11Further, applicant is not having any criminal history and he is in jail since 07.06.2023.

¶12Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

¶13Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶14Let the applicant-Mahesh 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.

¶15In 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.

¶16It 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 :- 8.12.2023 KK Patel High Court of Judicature at Allahabad