Allahabad High Court
Arshdeep Singh Son Of Jeet Singh vs State Of U.P. Thru.Prin.Secy.Home And 3 ... on 9 June, 2022
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3979 of 2022 Applicant :- Arshdeep Singh Son Of Jeet Singh Opposite Party :- State Of U.P. Thru.Prin.Secy.Home And 3 Others Counsel for Applicant :- Alok Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State of U.P., and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.321 of 2021, under Sections 363, 366, 376 I.P.C, and Section 3/4 Protection of Children from Sexual Offences Act, 2012 and Section 3 (2) 5 SC/ST, Act, Police Station-Purwa, District-Unnao, with the prayer to enlarge him on bail.
The submission of learned counsel for the applicant is 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 07.01.2022. It is further submitted on behalf of applicant that prosecutrix left her house on her own will and went with the applicant as her family members was reluctant to solemnize their marriage. He further submitted that during the course of investigation, statement of the prosecutrix, under Sections 161 as well as 164 Cr.P.C. was recorded, in which, she has not supported the prosecution story. He further submitted that as per the radiological examination, age of the prosecutrix was found 19 years. He further submitted that prosecutrix in her statement recorded, under Section 164 Cr.P.C., has stated that she was carrying pregnancy of five months and this statement was recorded on 05.01.2022. He further submitted that till today trial is not going on. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant, but he does not dispute the fact that statement of victim was recorded under Sections 161 as well as 164 Cr.P.C., in which, she has not supported the prosecution version.
Considering the rival submissions of learned counsel for parties and going through the contents of FIR and other relevant documents, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant -.Arshdeep Singh.- be released on bail in the aforesaid case crime, 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.
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 :- 9.6.2022 Amit/-