Allahabad High Court
Neeraj Nai vs State Of U.P. on 15 July, 2021
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- BAIL No. - 1517 of 2020 Applicant :- Neeraj Nai Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Tiwari,P.K. Singh 'Bisen' Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant inF.I.R. No. 240 of 2019, under Sections 376, 504, 506, 352 IPC and Section 3/4 POCSO Act and Section 66-D of IT (Amendment) Act, Police Station Bhadokhar, District Raebareli with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 24.09.2019.
Learned counsel for the applicant submits that the applicant has been dragged in the present case along with unknown persons, only to give color of seriousness to the quarrel, which had taken place on 25.05.2019 in between the families of the applicant and the informant. It is further submitted that F.I.R. No. 240 of 2019 (supra) was lodged by the informant with the allegation that the applicant made physical relations with the prosecutrix forcibly and after taking some photographs of the prosecutrix in compromising position, send the same on Whatsapp. It is further alleged therein that on 25.05.2019, applicant and other associates came to the house of the prosecutrix and started abusing to them. Due to fear, prosecutrix and other family members went inside the house to save their life, on which, applicant along with other associates went away while giving life threat. It is further alleged in the F.I.R. that due to fear, the prosecutrix did not make any complaint to police.
Learned counsel for the applicant submits that after lodging of the F.I.R., the statement of the porsecutrix was recorded under Section 161 Cr.P.C., in which she stated that since last two months, she was being enticed by the applicant and a threat was also given her to not to tell her parents. She further stated that the sister of the applicant was also studying with the prosecturix and about one month ago, on her call, prosecutrix went to her house and the applicant was already there. Thereafter, applicant sent her sister out and closed the door and made physical relation with the prosecutrix. She also stated that applicant also gave her threat for life and after taking her compromising photographs, sent on Whatsapp of her uncle. Submission of the learned counsel for the applicant is that specific question was asked by the Investigating Officer that why she did not immediately make any complaint to the police, on which, she replied that her mind was not properly working, as something was administered to her by the applicant in the 'Prasad'. It is further submitted by the learned counsel for the applicant that on the question being asked, she also stated that the clothes, which were worn at the time of incident, has been changed and washed several times. Thereafter, her statement under Section 164 Cr.P.C. was also recorded, wherein she stated that on 13th March, 2019, she was called by the sister of the applicant and when she reached there, she went to bring the cold drink and applicant forcibly made physical relations with her and also taken photographs and sent on her uncle's Whatsapp. She also stated that physical relations was made only once and after 15 days from the said incident, she was medically examined.
Learned counsel for the applicant vehemently submits that entire statement is concocted, as the alleged incident had taken place on 13th March, 2019, for which, the F.I.R. was lodged on 7th June, 2019 and the prosecutrix was medically examined on 8th June, 2019. He also submits that charge sheet was also filed on 16th October, 2019, but till date, not even a single prosecution witness has been examined by the trial court, which is clear violation of Section 35 of the POCSO Act. In such circumstances, applicant is also entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the investigation.
Learned A.G.A. opposes the prayer for grant of bail to the applicant and submits that the prosecutrix has supported the prosecution version in her statements recorded under Sections 161 and 164 Cr.P.C. However, he concedes the fact that alleged incident was taken on 13th March, 2019, but the F.I.R. was lodged on 7th June, 2019.
Considering the rival submissions of learned counsel for parties, material available on record, as well as totality of fact and circumstances, I am of the view that the applicant is entitled to be released on bail.
Let applicant -Neeraj Nai be released on bail in F.I.R. No. 240 of 2019, under Sections 376, 504, 506, 352 IPC and Section 3/4 POCSO Act and Section 66-D of IT (Amendment) Act, Police Station Bhadokhar, District Raebareli, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
(5) The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 15.7.2021 VKS