Allahabad High Court
Matadeen vs State Of U.P. And 3 Others on 26 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13646 of 2023 Applicant :- Matadeen Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shiv Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Sri Amit Kumar Shukla, learned Brief Holder, for the State apprised the Court that on 27.3.2023 notice has been served to the informant of the case.
2. Despite service of notice, none appeared on behalf of the informant.
3. Heard Sri Sarvesh Dubey, Advocate, holding brief of Sri Shiv Kumar Singh, learned counsel for the applicant and Sri Amit Kumar Shukla, learned Brief Holder, for the State.
4. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.35 of 2022, under Sections 376 and 506 IPC and Section 3/4 POCSO Act and Section 67B Information Technology Act, Police Station Mauranipur, District Jhansi during pendency of the trial.
5. FIR of the present case was lodged on 18.1.2023 against the applicant and according to the FIR, informant/victim took coaching from applicant and about two years before applicant after enticing away prepared her indecent photographs and videos and thereafter he started sexually exploited her and started blackmailing and demanded Rs. 3,000/- per video and it is further mentioned in the FIR that applicant viraled her indecent photographs and videos. It is further mentioned in the FIR that when victim failed to provide money to the applicant then he viraled indecent videos.
6. Learned counsel for the applicant submits that entire allegation against the applicant is totally false and baseless and applicant neither prepared indecent photographs of the victim nor he ever sexually exploited her and even as per FIR, victim was sexually exploited by applicant two years before and therefore, it appears that FIR of the present case was lodged after two years and further although there is allegation that applicant viraled indecent photographs and videos of the victim but except the bald and verbal allegation there is no other evidence in this regard and during investigation Investigating Officer could not even recover such alleged photographs and videos. He further submits that admittedly at the time of lodging the FIR the informant/victim has attained majority and she is about 18 years of age, therefore, it appears that FIR is based on false and frivolous facts.
7. He further submits that applicant is not having any previous criminal history and he is in jail in the present matter since 21.1.2023.
8. Per contra, learned AGA opposed the prayer for bail and submitted that applicant was the tutor of the victim and he misused his position and not only he sexually exploited her but also viraled her indecent photographs but he could not dispute the fact that the alleged sexual exploitation by applicant has been made about 2 years before and no recovery could be made of alleged viral indecent photographs of the victim during investigation.
9. I have heard learned counsel for the parties and perused the record of the case.
10. Although applicant is the tutor of the informant and there is allegation that he sexually exploited her and after procuring her indecent photographs viraled the same but it appears that as per allegation the victim,i.e., the informant of the case was sexually exploited about 2 years before and, therefore, allegation of rape has been made by victim after 2 years and further in spite of the allegation that the indecent photographs of the victim has been viraled by the applicant but no such photographs could be recovered by Investigating Officer during investigation.
11. Therefore, considering the facts and circumstances of the case, in my view, applicant is entitled to be released on bail.
12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
13. Let the applicant-Matadeen 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.
14. In 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.
Order Date :- 26.4.2023 SKM