Jay Prakash Singh vs State Of U.P. And 2 Others

Ram Manohar Narayan Mishra, J

Heard over bail application moved by applicant, Jay Prakash Singh, in Case Crime No. 63 of 2022, under Sections- 363, 366-A, 504, 506 I.P.C. & 16/17 of POCSO Act, P.S. Dubhar, District- Ballia.

From the perusal of record, the prosecution case is that informant- Sonu Singh lodged the FIR at police station concerned on 7.4.2022 at about 12:55 hours, stating therein that his niece- victim, aged about 17 years was enticed and taken away by accused Jai Prakash Singh at about 6:00 A.M. and it is admitted by the informant that whereabouts of the victim could not be traced. During investigation, the victim was intercepted by police on her way to police station and her custody was entrusted to informant.

Learned counsel for the applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 27.4.2022; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; the age of the victim is around 17 years; on being recovered, the victim has refused herself to get medically examined; in her statement recorded under Section 164 Cr.P.C., she has stated that she left her home on being enticed by the sister of the applicant and no direct allegation for abduction is against the applicant; she has stated her age to be of 15 years before the Magistrate and stated that accused applicant was trying to force her for solemnizing marriage with her, abused her and threatened her; however, she has categorically stated that the accused had not done anything filthy with her. Hence, bail has been prayed for.

Notice has been served upon the informant but none appeared on his behalf till date.

Learned AGA has vehemently opposed the bail application and submitted that the victim was minor at the time of incident and as per her school leaving certificate, her age is around 14 years. However, in FIR her age is mentioned as 17 years by the informant. Although, learned A.G.A. opposed the bail application but could not controvert the factual submissions raised by the learned counsel for the applicant.

Having heard learned counsel for the parties and considering all above facts and circumstances, in particular, the statement of victim recorded under section 164 Cr.P.C., the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.

Accordingly, the bail application is allowed.

Let the applicant, Jay Prakash Singh, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.