Allahabad High Court
Shankar vs State Of U.P. on 5 February, 2020
Author: Vivek Kumar Singh
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5303 of 2020 Applicant :- Shankar Opposite Party :- State of U.P. Counsel for Applicant :- Uma Nath Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Kumar Singh,J.
Heard Sri Uma Nath Pandey, learned counsel for the applicant, Sri Azad Singh, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that according to the version of first information report, the age of victim is 14 years while victim admitted her age before the Magistrate 17 years and medical report showing the age is 18 years as such she is major but on the basis of version of the first information report, charge sheet has been submitted without proper investigation under sections 363, 366, 376 IPC and section 3/4 of the Protection of Children from Sexual Offences Act, 2012 on 12.12.2019. It is also submitted that the victim has been produced before the Magistrate where her statement has been recorded under section 164 Cr.P.C. in which she categorically denied about the allegation of the first information report and admitted that she left her house with her own free will and she solemnized marriage in Temple with applicant. A copy of the statement of victim recorded u/s 164 Cr.P.C. has been annexed as Annexure No. 6 to the affidavit filed in support of bail application. Medical report does not support the prosecution case as there is no external or internal injury found on the body of the victim. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 10.12.2019 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicant Shankar be released on bail in Case Crime No. 511 of 2019, under Sections 363, 366, 376 IPC & Section 3/4 of Protection of Children from Sexual Offences Act 2012, Police Station- Knowledge Park, District- Gautam Budh Nagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/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.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible from the date of receipt of certified copy of this order, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2440, if there is no legal impediment.
Order Date :- 5.2.2020 Arti