Allahabad High Court
Saurabh Tiwari vs State Of U.P. And Another on 17 March, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1514 of 2021 Applicant :- Saurabh Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shravan Kumar Pandey,Rakesh Dubey,Shyam Narain Pandey Hon'ble Dinesh Kumar Singh-I,J.
O.P. No. 2 has been served personally as per Office Report dated 23.02.2021 and report of C.M.O., Kanpur Nagar has been received in compliance of this Court's vide order dated 19.01.2021 in a sealed cover wherein according to the ossification test conducted of the victim; her age is found to be 18 years.
Heard Sri Shravan Kumar Pandey, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 0036 of 2020 under Sections 323, 376, 420, 504, 506 I.P.C., Section 3/4 of POCSO Act & Section 3(2)5 of S.C./S.T. Act and Section 66-D of I.T. Act, P.S. Fazalganj, District Kanpur Nagar.
As per F.I.R. lodged by mother of the victim, she has mentioned that her husband is a patient of paralysis and she does private job for her livelihood and the victim i.e. her daughter had been enticed away by the accused applicant. After taking her to his home, she was raped by applicant and some indecent snaps were also taken of her; he also gave threat that these snaps would be placed on net. In the meantime when the victim gave threat to make a complaint, mother of the applicant had called the victim and got her forcibly married to the accused applicant on 18.04.2019 in Arya Samaj Temple, Benajhabar after making her drink cold-drink which contained some stupefying drugs and at that time, daughter of the informant was below 16 years of age, since thereafter, victim was forcibly and sexually exploited; when complaint was made, then applicants' parents and daughter-of-law abused the informant using cast indicative words. Accused was also pressurizing the victim to have sexual intercourse with his friends.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; in medical examination report, there is no injury shown to have been sustained by the victim although her hymen was found old, torn and healed. Attention of the Court has been drawn towards the statement of the victim recorded under Section 161 Cr.P.C. in which version of F.I.R. has been repeated but in the statement of victim recorded under Section 164 Cr.P.C., she has stated that she had friendship with the accused applicant for the last 1 and years; accused used to call her at his home and established physical relationship with her and had taken some indecent snaps. On 18.04.2020, she was forcibly married to the accused and after making her drink cold-drink which contained stupefying drugs, her signatures were also obtained on blank paper and she wants to get free from this marriage. Some indecent videos of victim were also posted on Facebook on 14.03.2020 by the accused. Submission is that victim had married the accused applicant as is admitted by herself. It is falsely stated that she was forcibly married with him. He is innocent; he is in jail since 15.03.2020; he has no criminal history; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the fact that since there is no evidence on record that any indecent snaps were taken of the victim and were placed on Facebook, quantum of the punishment, nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant, Saurabh Tiwari involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 17.3.2021 A. Mandhani