Allahabad High Court
Lalu Yadav vs State Of U.P. And 3 Others on 18 September, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:179354 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40638 of 2023 Applicant :- Lalu Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Sri Shailesh Pandey, Advocate has filed his power on behalf of the informant, which is taken on record.
2. Supplementary affidavit filed today on behalf of the applicant is taken on record.
3. Heard Sri Shri Prakash Dwivedi, learned counsel for the applicant, Sri Shailesh Pandey, learned counsel for the informant and Sri Ghanshyam Mishra, learned Brief Holder for the State.
4. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 96 of 2023, under Sections 376, 504, 506, 313, 120B IPC and Section 3/4 POCSO Act, Police Station Adalhat, District Mirzapur during pendency of the trial.
5. FIR of the present case was lodged against applicant and one another on 16.05.2023 through an application under Section 156(3) Cr.P.C. dated 18.04.2023 and according to the FIR applicant sexually exploited the daughter of the informant aged about 17 years and due to the sexual exploitation of the applicant, daughter of the informant also became pregnant and he also caused her miscarriage and on 20.03.2023 applicant under false promise of marriage has taken her in the house of his maternal uncle and committed rape with her and with the help of co-accused Mulayam Yadav applicant also prepared her obscene video and photographs.
6. Learned counsel for the applicant submitted that entire allegation of rape, sexual exploitation and preparation of the obscene video and photographs of the victim made against the applicant is totally false and baseless.
7. He further submits that even as per FIR on 20.03.2023 applicant committed rape with the daughter of the informant in the house of his maternal uncle but FIR could only be lodged on 16.05.2023 through an application under Section 156(3) Cr.P.C. and even application under Section 156(3) Cr.P.C. was moved on 18.04.2023 i.e. after almost one month and this inordinate delay in moving the application under Section 156(3) Cr.P.C. clearly suggests that FIR of the present case is based on false and frivolous facts.
8. He further submits that although there is allegation of causing miscarriage against the applicant of the victim but except the bald allegation there is no evidence in this regard on record. He further submits that even from the school record, it appears that victim was about 18 years old at the time of incident and applicant has taken specific plea in the instant bail application that applicant and victim both were having love affair but unfortunately their marriage could not be solemnized and subsequently informant implicated the applicant in the present matter. He further submits that after lodgement of the FIR of the present case under pressure of her parents victim started making allegation of rape against the applicant and even from her statement recorded during investigation it could not be ruled out that she was not consenting party.
9. He further submits that although there is allegation of preparation of obscene video and photographs of the victim against the applicant but during investigation no such video and photographs could be recovered. He further submits that applicant is not having any criminal history and in the present matter he is in jails since 18.05.2023.
10. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant spoiled the entire life of the victim and due to his sexual exploitation, victim conceived and thereafter applicant caused her miscarriage but both the counsels could not dispute the fact that except the bald allegation of causing miscarriage there is no evidence in this regard on record and FIR of the present case was lodged through an application under Section 156(3) Cr.P.C. and even application under Section 156(3) Cr.P.C. was moved after about a month and during investigation no obscene video and photographs were recovered.
11. Learned counsel for the informant and learned AGA further could not dispute the fact that even from the school record it reflects that victim was around 18 years old.
12. I have heard learned counsel for the parties and perused the record of the case.
13. Although, victim in her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. made allegation of rape and sexual exploitation against the applicant and she also stated that due to sexual exploitation of the applicant she conceived and applicant also caused her miscarriage but except the bald allegation, there is no evidence that victim ever conceived. Further, although from her both the statements it also reflects that applicant also prepared her obscene video and photographs but during investigation no such video and photo were recovered.
14. Further, FIR of the present case was lodged through an application under Section 156(3) Cr.P.C. and even application under Section 156(3) Cr.P.C. was moved after about a month.
15. Further, from the school record, it appears that victim was around 18 years old and applicant in the instant bail application has taken a specific plea that applicant and victim both loved each other and they wanted to perform marriage but unfortunately their marriage could not be solemnized and subsequently on the basis of false allegation, applicant has been roped in the present matter.
16. Further, from the record, it could not be said at this stage that victim was not the consenting party.
17. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.
18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
19. Let the applicant - Lalu Yadav 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.
20. 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.
21. 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 :- 18.9.2023 AK Pandey