Allahabad High Court
Zabid vs State Of U.P. And 3 Others on 22 September, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:183986 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38689 of 2023 Applicant :- Zabid Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.,Gaurav Nishad,Virendra Singh Yadav Hon'ble Sameer Jain,J.
1. Heard Sri Amit Kumar Srivastava, learned counsel for the applicant, Sri Gaurav Nishad, learned counsel for informant and Sri Imran Khan, learned AGA for the State-respondent.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 151 of 2023, under Sections 376(2)n, 313, 504, 506 IPC & 5L/6 POCSO Act, Police Station- C.B. Ganj, District- Bareilly, during pendency of the trial in the court below.
3. FIR of the present case was lodged against applicant and his father on 14.06.2023 and according to the FIR, applicant for last one year was sexually exploiting the minor daughter of the informant aged about 16 years under the false promise of marriage and on 12.06.2023 applicant and his father flatly refused to perform marriage of the applicant with the victim. It is further mentioned in the FIR that applicant also caused miscarriage of the victim.
4. Learned counsel for the applicant submitted that entire allegation of sexual exploitation and miscarriage made against the applicant is totally false and baseless and actually victim and applicant were having love affair but unfortunately their marriage could not be solemnized and therefore, after one year FIR of the present case was lodged totally on the basis of false allegation of sexual exploitation.
5. He further submitted that although, there is allegation against the applicant that he caused miscarriage to the victim but no charge-sheet was filed against the applicant under Section 313 IPC as according to the doctor, he did not find any sign of miscarriage of the victim.
6. He further submitted that as per the school record of the victim, at the time of lodgement of the FIR she was around 17 years' old but in fact she was more than 18 years' old and applicant was also around 19 years' old at the time of incident, therefore, it is a case of teenage love.
7. He further submitted that applicant is not having any criminal history and he is in jail since 27.06.2023.
8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that at the time of incident victim was hardly 16 years' old and applicant under the false promise of marriage sexually exploited her and this fact is evident from her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. but both the counsel could not dispute the fact that it appears to be a case of love affair and at the time incident applicant himself was around 19 years' old.
9. I have heard learned counsel for the parties and perused the record of the case.
10. Although, from the record, it reflects that at the time of incident victim was around16 years' old but applicant was also around 19 years' at the time of incident, therefore, it appears to be a case of teenage love and FIR of the present case was lodged after about a year. Further, although, there was allegation of causing miscarriage of the victim against the applicant but the allegation of miscarriage was found false during investigation, therefore, charge-sheet was not filed under Section 313 IPC.
11. Law is settled, bail application should not be dismissed either for punitive or for preventive purposes.
12. Further, applicant is not having any criminal history and he is in jail since 27.06.2023.
13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.
14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
15. Let the applicant- Zabid 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.
16. 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.
17. It 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 :- 22.9.2023 KK Patel