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2025 DIGILAW 299 (ALL)

Ankush Paswan v. State of U. P.

2025-02-11

KRISHAN PAHAL

body2025
JUDGMENT : Krishan Pahal, J. 1. List has been revised. 2. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 3. Learned A.G.A. has informed that notice to the informant has been served on 17.12.2024. 4. Heard Sri Siddharth Srivastava, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 5. Applicant seeks bail in Case Crime No.247 of 2024, under Sections 137(2), 61(2), 352, 351(2), 64 B.N.S. and 3/4 POCSO Act, Police Station- Bhatani, District- Deoria, during the pendency of trial. 6. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant aged about 15 years on 6.8.2024. 7. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about fourteen days and there is no explanation of the said delay caused. The allegations are per se false. The victim in her statement recorded U/s 183 B.N.S.S. has categorically stated that she wanted to spend her life with the applicant and had gone with him out of her own sweet-will, as such, she is a consenting party. As per the ossification test report, the age of the victim has come out to be 17 years, although by her looks she seems to be major. 8. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 27.9.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application. 10. The Supreme Court in Jaya Mala vs. State of J&K, (1982) 2 SCC 538 and Mohd. Imran Khan vs. State (Govt. of NCT of Delhi), (2011) 10 SCC 192 has opined that the radiologist cannot predict the correct date of birth rather there is a long margin of 1 to 2 years on either side. 11. 10. The Supreme Court in Jaya Mala vs. State of J&K, (1982) 2 SCC 538 and Mohd. Imran Khan vs. State (Govt. of NCT of Delhi), (2011) 10 SCC 192 has opined that the radiologist cannot predict the correct date of birth rather there is a long margin of 1 to 2 years on either side. 11. In light of the judgement of the Supreme Court passed in Niranjan Singh and another vs Prabhakar Rajaram Kharote and others, AIR 1980 SC 785 , this Court has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself. 12. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 13. Let the applicant- Ankush Paswan , who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified: (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 14. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 15. 14. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 15. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.