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Judgment
Subhash Vidyarthi, J
Heard Sri Manoj Kumar Singh, the learned counsel for the applicant, Sri Jayant Singh Tomar, the learned AGA-I for the State, Sri Prateek Srivastava, the learned counsel for the informant and perused the records.
The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No. 97 of 2023, under Sections 363, 366, 376D IPC and Section 3/4 POCSO Act, Police Station Motigarpur, District Sultanpur.
The aforesaid case has been registered on the basis of an FIR lodged on 13.04.2023 against the applicant and one Wajid, who is maternal uncle of the applicant, stating that the informant's 14 years niece had gone to appear in the examination on 21.03.2023 but she did not come back and no information could be gathered in spite of hectic search. Subsequently it came to light that the informant's niece had been enticed away by the accused persons.
In the statement of the victim recorded under Section 161 Cr.P.C., she stated that the accused had forcibly taken her on their motorcycle; she had lost consciousness and when she regained consciousness she was laying besides Bahraich road. An aged lady took her to her own house and she could not remember anything for some days. After regaining memory on 26.04.2023, she talked to her father on phone. Her father took her back on 27.04.2023 and she had gone to the Police Station to record her statement on 29.04.2023.
In the medico legal examination report of the victim, no visible injury was reported. In radiological examination, the age of the victim has been opined to be 17 years. The Principal of a school, where the victim had studied, had told her date of birth to be 05.04.2006 which corroborates the aged determined through radiological examination.
In the statement of the victim recorded under Section 164 Cr.P.C., she stated that she regained consciousness after 4-5 days, she was in a room and the applicant raped her in the room.
In the affidavit filed in support of the application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case because of a civil dispute between the parties, regarding which a suit No. 1270 of 2022 is pending in the court of Civil Judge (Jr. Div.), Shahganj, District Jaunpur.
The learned counsel for the informant has vehemently opposed the bail application and he has submitted that the offence alleged against the applicant is of very heinous nature and he is not entitled to be granted anticipatory bail.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident allegedly occurred on 21.03.2023 whereas the FIR has been lodged on 13.04.2023; that the applicant has been named in the FIR on the basis of information received from the informant but the source of information has not been disclosed in the FIR; that the FIR claims that the victim is aged about 14 years, the victim has stated herself to be aged about 15 years and as per medico legal examination report and also as per her educational records, she is aged about 17 years; that the victim did not allege commission of rape in the statement recorded under Section 161 Cr.P.C. and this allegation was levelled for the first time in the statement recorded under Section 164 Cr.P.C. and that there are material discrepancies in the version of the victim recorded under Sections 161 & 164 Cr.P.C.; that a civil dispute is pending between the parties and that the applicant has no criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.
In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Muslim before the learned Trial Court in the aforesaid complaint case, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:
(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;
(ii). That 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;
(iii). That the applicant shall not pressurize/ intimidate the prosecution witness.