Allahabad, Nov 8 (ILNS) The Allahabad High Court on November 01, granted conditional bail to Amar Singh alias Pappu Yadav accused of molesting a minor girl, threatening and forcing her to commit suicide.
A Single Bench of Justice Samit Gopal passed this order while hearing a Criminal Misc Bail application filed by Amar Singh @ Pappu Yadav.
The bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Amar Singh @ Pappu Yadav, seeking bail during the trial in connection with Case under Sections 305, 504, 506 I.P.C. and Section 16/17 POCSO Act, registered at P.S. Erich, District Jhansi.
The prosecution case as per the F.I.R. lodged on November 7, 2020, at about 21:11 hours, under Sections 354(ka), 305, 504, 506 I.P.C. and Section 7/8 POCSO Act, by the father of the prosecutrix naming the applicant and two other persons and his other family members as accused stating therein is that his daughter aged about 15-16 years was being teased by Akash who is his neighbour while going to school who told her that he likes her asked her to run away with him.
On November 6, 2020, at about 4.00 P.M. his daughter went to the school for certain inquiries and on the way, Akash again held her and molested her to which she raised an alarm on which Akash ran away.
She then told him about the incident, after which he and his brother Santosh told the same to Amar Singh@Pappu Yadav, who is the applicant and father of Akash about it on which Akash, Amar Singh and Kamal Singh came to the house and started hurling abuses and told him to marry his daughter or she may commit suicide. She will only get relief for this problem by the said two options otherwise they would forcibly take her away.
His daughter then went inside the house crying and after the accused persons went away threatening them, he saw his daughter vomiting and on asking her she stated that she consumed poison.
She was taken to hospital where the doctor declared her dead. The ward boy of the hospital found a suicide note from her pocket which is in the handwriting of the deceased.
Counsel for the applicant argued that the applicant has been falsely implicated in the case. It is argued that the applicant is the father of co-accused Akash.
It is argued that the allegations although are of the applicant along with other co-accused persons stating of the victim to get married or the other option was that she may end her life after which she consumed poisonous substance is not an abatement or instigation.
Counsel for the applicant further argued that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased, the applicant has no motive at all to commit the offence.
Counsel for the applicant submitted that the co-accused Kamal Singh has been granted bail by a coordinated Bench of the Court order dated April 7, 2021.
Counsel for the applicant said that the applicant has no other criminal antecedents and is in jail since November 08, 2020.
State counsel opposed the prayer for bail and argued that the applicant is named in the F.I.R. and due to the conduct of the applicant the deceased consumed poison and died.
The applicant was protecting his son who had molested the daughter of the first informant and was teasing her after which the applicant and the co-accused insulted her as a result of which she consumed poison and committed suicide.
“After having heard Counsels for the parties and perusing the record, it is evident that the victim committed suicide by consuming poison. Co-accused Kamal Singh has been granted bail by a coordinate Bench of the Court”, the court observed.
The Court held that, there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased, the applicant has no motive at all to commit the offence. The applicant has no criminal history. Looking at the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, the Court is of the view that the applicant may be enlarged on bail.
The Court ordered that let the applicant- Amar Singh @ Pappu Yadav, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the condition that the applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever and will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as an abuse of liberty of bail and pass orders in accordance with the law.
The court directed that 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. 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 a default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.
The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, the court concerned will be at liberty to cancel the bail and send the applicant to prison./ILNS/AP/SNG/