Allahabad High Court
Kallu @ Ashish Awasthi vs State Of U.P. And Another on 2 July, 2021
Author: Vivek Agarwal
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23648 of 2021 Applicant :- Kallu @ Ashish Awasthi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Agarwal,J.
1. Sri Jitendra Kumar Singh, learned counsel for the applicant - Kallu @ Ashish Awasthi. Sri Vikas Goswami, learned AGA for the State.
2. Counsel for the applicant submits that incident allegedly took place on 8.3.2021 at about 4:00 pm. Report was lodged on 18.3.2021 at about 18:25 hours. There is no independent witness of the incident. As per version of the FIR, case crime no. 0066 of 2021 was registered under section 354 IPC and 7/8 POCSO Act. It is submitted that in the FIR there are no allegations so to constitute any offence under section 376 IPC, but later on with a view to falsely implicate not only after 10 days FIR was lodged but in statement recorded on 20.3.2021 under Section 161 Cr.P.C., she has also changed the version of the FIR and improvised to add aspect of alleged rape.
3. It is submitted that medico legal examination of the prosecutrix took place on 19.3.2021 in which she has refused to undergo internal examination on her body. It is submitted that in absence of any internal examination, no corroborative evidence could have been collected in the form of vaginal swab etc, so to co-relate story of the prosecutrix.
4. It is submitted that applicant is innocent and has been falsely implicated. There is no explanation for delay in lodging the FIR. Prosecutrix has changed story and has improvised her statement under section 161 Cr.P.C. and 164 Cr.P.C.
5. Learned AGA admits that there is delay of about 10 days in lodging the FIR, secondly prosecutrix has refused to undergo internal medical examination and thirdly contents of the FIR have been improvised to great extent after lapse of 11-12 days.
6. In view of above, this court is of the opinion that it is a fit case to enlarge the applicant on bail.
7. Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
8. Let the applicant Kallu @ Ashish Awasthi involved in case crime no. 0066 of 2021, U/s 354 and 376 IPC and 3/4 POCSO Act, police station - Bhisanda, District Banda be released on bail on his furnishing a personal bond of Rs. 50,000/- and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
Order Date :- 2.7.2021 S.K.S.