Allahabad High Court
Hardeep Singh vs State Of U.P. on 29 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:174118 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38108 of 2023 Applicant :- Hardeep Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ram Adhar Yadav,Satendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Satendra Kumar, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State.
2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 188 of 2023, under Sections 376, 504, 506 IPC and Section 67, 67A I.T. Act, Police Station Gangoh, District Saharanpur during pendency of the trial.
3. FIR of the present case was lodged against the applicant and two others on 07.07.2023 and according to the FIR about two months before under false promise of marriage applicant made physical relationship with the informant and also prepared her video and thereafter he continuously sexually exploited the informant and also demanded Rs. 2 lakhs from the informant. It is further mentioned in the FIR that applicant also posted her obscene video on Instagram after preparing a fake account.
4. Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and admittedly informant of the case is major girl and her consent is quite apparent from the FIR and from her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. He further submits that even with her consent her video was prepared. He further submits that under Section 67A I.T. Act maximum punishment is five years. He further submits that applicant is not having any criminal history and in the present matter he is in jail since 09.07.2023.
5. Per contra, learned AGA opposed the prayer for bail and submits that applicant has spoiled the entire life of the informant and he firstly made physical relationship with her and thereafter prepared her video and thereafter posted the same on social media but could not dispute the fact that prosecutrix i.e. informant of the case is major girl and at this stage it cannot be said that she was not consenting party and maximum punishment provided under Section 67 I.T. Act is three years and under Section 67A I.T. Act is five years.
6. I have heard learned counsel for the parties and perused the record of the case.
7. Although, there is allegation of sexual exploitation against the applicant in the FIR as well as in both the statements of the prosecutrix recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. but admittedly prosecutrix is major girl and her consent is reflected even from the FIR and from her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. and from the FIR it also reflects that with her consent her indecent video and photographs were prepared.
8. Further, although during investigation it appears that obscene video of the prosecutrix was recovered but in the video it appears that she was all alone and there is no evidence except the allegation made by the informant that applicant is the person who prepared her video and posted the same on social media. Further, maximum punishment provided under Section 67 I.T. Act is three years and under Section 67A I.T. Act is five years and applicant is not having any criminal history.
9. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.
10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
11. Let the applicant - Hardeep Singh 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.
12. 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.
13. 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 :- 29.8.2023 AK Pandey