Allahabad High Court
Monu Singh vs State Of U.P. Thru. Prin. Secy. Home ... on 21 July, 2023
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:48144 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9238 of 2023 Applicant :- Monu Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lucknow And 3 Others Counsel for Applicant :- Pashupati Nath Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant and learned AGA for the State and perused the record.
2. No one appears for the respondent no.1, despite notice given by learned AGA.
3. The applicant seeks bail in Case Crime No.231 of 2022 under Sections 363, 366, 376(2)(i), 506 IPC and 3/4 POCSO Act at P.S.- Udaypur, District-Pratapgarh.
4. The FIR in question was lodged against the applicant alleging that the daughter of the informant was enticed away on 16.11.2022 and kept in Jungle and the offence in question was committed at about 10:00 pm. Subsequently, in the statement under Section 161 Cr.P.C., the victim stated that she was coming from her Nani's home and the applicant met her and offer to leave her and subsequently, at around 5:00 pm, he committed the offence under Section 376 IPC. In the statement under Section 164 Cr.P.C., she stated that on 16.11.2022 at about 10:00 pm, she was coming from home of her Nani where she met the applicant and one of his friends. Both of them said that she can be dropped at her home and on their saying, she sat on the bike and they took her to Jungle at about 5:00 pm., thereafter, they took her to Dhuria. It was stated that at Dhuria, the applicant, applicant's brother and his friends were also there and subsequently, the offence in question was done. It is also stated that on 17.11.2022, both of them took her to the applicant's Mausi's house and subsequently, Mausi came with the applicant and dropped her back. The FIR was lodged on 24.11.2022 after about 8 days of the alleged incident, there is no medical on record.
5. The contention of learned counsel for applicant is that the victim has gone out of her own will and in fact, as per the statement under Section 164 Cr.P.C., she stated that the applicant stayed in the house of Mausi and, thus, the allegations leveled in the FIR are highly improbable. He further argues that apart from the statement, no statement under Section 50 sub-Section (1) has been recorded and there is no medical on record to corroborate the version in the statement under Section 161 and 164 Cr.P.C. He further argues that the age of the victim as per the medical examination report and the academic report is around 16 years. He argues that there being no material except for the statement to implicate the applicant with the offence in question coupled with the fact that the applicant is in custody since 02.12.2022 and has no previous criminal antecedent, should be enlarged on bail.
6. Learned AGA vehemently opposed the bail application by arguing that as per the certificate issued by this Court, the age of the victim is around 15 years. Although the said is not in matriculation certificate. It is argued that statements under Section 161 and 164 Cr.P.C., clearly demonstrates the commission of offence in question.
7. Considering the submissions made at the bar, it is clear that though the charge has been framed, the trial has not even started. The applicant is in custody since 02.12.2022. Definite material with regard to age is yet to happen, which will happen at the course of trial. The certificate relied upon by the victim is seriously doubted by the applicant and he places reliance on the judgment passed by this Court in case of Manish Kumar Vs. State of U.P. Considering the fact that the applicant is in custody for more than 8 months, there is no medical on record to justify the prosecution story, there is a reasonable delay in the lodging of the FIR and apart from the statements made under Section 161 and 164 Cr.P.C. which are also at a substantial variance, the applicant who is in custody since 02.12.2022 is entitled to be enlarged on bail.
8. Let the applicant Monu Singh be released on bail in Case Crime No.231 of 2022 under Sections 363, 366, 376(2)(i), 506 IPC and 3/4 POCSO Act at P.S.- Udaypur, District-Pratapgarh on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.
Order Date :- 21.7.2023/-Amit K-