Allahabad High Court
Shivam Pandey vs State Of U.P. And 3 Others on 20 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55515 of 2022 Applicant :- Shivam Pandey Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Raksha Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri R.R. Tiwari, learned counsel for the applicant and Sri Ashish Advocate holding brief of Sri Shailendra Singh and Sri Jhamman Ram, learned AGA for the State-respondent.
The instant application has been filed seeking release of the applicant on bail in Case Crime No. 64 of 2022, under Sections 354 IPC and 7/8 Protection of Children from Sexual Offences Act, Police Station- Girwan, District- Banda, during pendency of the trial in the court below.
According to the FIR applicant along with co-accused made sexual assault upon minor daughter of the informant.
Learned counsel for the applicant submitted that the entire allegations made against the applicant are totally false and baseless and applicant never committed any sexual assault upon the minor daughter of informant. He further submitted that allegations made against the applicant and co-accused almost at par and the only difference is that in the statement recorded under Section 164 Cr.P.C. victim also stated with regard to the applicant that he forcibly embraced and kissed her and similarly placed co-accused Kuber has already been released on bail by co-ordinate bench of this Court vide bail order dated 21.10.2022 passed in Criminal Misc. Bail Application No. 33511 of 2022 he further submitted that applicant is having no criminal history and he is, in jail in present matter, since 19.4.2022.
Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the fact that allegations are not of very serious nature and similarly placed co-accused Kuber has already been released on bail by co-ordinate bench of this Court. Learned counsel for the informant further submitted that due to this i57946ncident father of the victim i.e. informant of the case has committed suicide and this fact is evident from the statement of the victim recorded under Section 164 Cr.P.C.
I have heard learned counsel for the parties and perused the record of the case.
The victim of the case is 14 years teenager girl and from the perusal of the record, it appears that applicant and co-accused also young boys and they used to tease her and from the perusal of the FIR and the statement recorded under Section 161 Cr.P.C. and 164 Cr.P.C., it appears that not very serious allegation was made against both the accused persons including the applicant and co-accused Kuber has already been released on bail by this Court, although, from perusal of the statement recorded under Section 164 Cr.P.C. of the victim it appears that her father i.e. informant of the case committed suicide due to present matter but from the statement of victim recorded under Section 164 Cr.P.C. it does not reflect that due to abatement of applicant her father committed suicide. Further, investigation has been completed and charge-sheet has been filed only under Section 354 IPC and 7/8 POSCO Act and charge-sheet was not filed under Section 306 IPC.
As almost similarly placed co-accused has already been released on bail by co-ordinate bench of this Court and applicant in the present matter is in jail since 19.4.2022, in my view applicant is also entitled to be released on bail.
In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed.
Let the applicant- Shivam Pandey 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.
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.
Order Date :- 20.1.2023/ KK Patel