The Allahabad High Court while allowing the bail application observed that a large number of cases are coming in courts wherein girls and women take undue advantage by lodging First Information Report on false allegations after indulging in long physical relationship with the accused.
The time has come that courts should be very cautious in considering such bail applications. The law is heavily biased against males.
A Single Bench of Justice Siddharth passed this order while hearing a Criminal Misc Bail Application filed by Vivek Kumar Maurya.
The bail application has been filed on behalf of the applicant, Vivek Kumar Maurya, with a prayer to release him on bail in Case under Sections 363, 366, 376, 323, 504, 506, 354, 354-A IPC and 3/4 POCSO Act Police Station Sarnath, DistrictVaranasi, during pendency of trial.
There are allegations of abduction of minor girl with intent to marry, commission of offfence of rape, beating, threatening, outraging her modesty, sexual harassment and penetrative sexual assault against the applicant.
There is allegation in the First Information Report that prosecutrix, resident of Varanasi, was made to enter into physical relationship with applicant for about one year on false promise of marriage, when she was student of B.SC, Part-1. Whenever prosecutrix talked to the applicant about their marriage he used to avoid her request. On 3.5.2019, when prosecutrix was going to college, applicant enticed her from the way at 7 a.m in the morning and took her to Delhi at his aunt’s place where he made physical relationship with her. Father of the prosecutrix gave an application at the police station on 4.5.2019 about her abduction by applicant.
Thereafter the father and mother of the applicant pressured the father and mother of prosecutrix and they threatened them of life in case they made any statement before the police against their son, the applicant. Therefore, the father of prosecutrix withdrew the complaint made to the police on 7.5.2019 and prosecutrix was dropped back to her house by the applicant and co-accused persons, but the activities of the applicant did not change. Again, whenever there was no one in the house of the prosecutrix, the applicant used to come and make physical relationships with the prosecutrix by extending false promises of marriage. On 27.8.2019 at 8 a.m applicant took the prosecutrix to the registrar and got their marriage registered. Thereafter he took the prosecutrix to Lucknow where he made physical relationship with her. After four days he again made physical relationship with prosecutrix and brought her to a dharamshala in Mughalsarai and repeated the same act. Next day he took her to a room situated in Lanka, Varanasi; then to the house of his Mama at Manduadih where he repeated the same offence against her. At her Mama’s place he compelled her to make physical relationship with his cousin (Mamas’ son) also. When the aforesaid son of his Mama touched her inappropriately she raised the alarm, thereafter the applicant and son of his mama abused and beat her.
Applicant stated that he has married her only to physical enjoyment. Thereafter the applicant asked her to go away otherwise she would be killed by giving her poison. Applicant called his father, uncle and brother, who are co-accused, and all of them abused her and sexually molested her. They beated her and dropped her in injured condition on the road at 11 p.m on 5.9.2019. The passers-by helped her and she called her mother and she took her to her house. Thereafter she was treated at home by her mother with homemade medicines. On 6.9.2019 accused persons came again to her house and threatened the prosecutrix and her family of life, if she made any complaint to the police. On 18.2.2020 again co-accused persons came to her house and abused her and asked her family to leave their village and go away. Thereafter the First Information Report was lodged on 9.3.2020 with regard to the incident dated 3.5.2019 by the prosecutrix herself.
Counsel for the applicant has submitted that in the statement of the prosecutrix recorded under section 164 Cr.P.C, she herself has claimed that she is aged about 19 years and student of B.Sc Part-I.
Therefore implication of the applicant under section ¾ POCSO Act was falsely made by the police. She admitted that she had an affair with the applicant for the last one year. Applicant asked her to leave her house to marry him. She left her house and went to Delhi and then went to the house of the applicant’s aunt where she entered into a physical relationship with the applicant with consent. Thereafter her family members came and took her back. Applicant called her to Kutchery for the purpose of marriage. Thereafter, the applicant took her to Lucknow and then to Mughalsarai and then they returned to Varanasi. She was confined by her parents against her wishes. Thereafter dispute took place between family members of both and the prosecutrix parted ways with the applicant and First Information Report was lodged.
Counsel for the applicant has pointed to the marriage registration certificate of the applicant and prosecutrix which shows that their court marriage was solemnized on 11.8.2019. The prosecutrix has lodged a First Information Report against the applicant only to falsely implicate him. She is wife of applicant and without seeking divorce, she has indulged in filing of First Information Report on false allegations concealing correct facts. Applicant has filed application under section 9 of the Hindu Marriage Act in the year 2019 for restitution of conjugal rights against the prosecutrix. He has been in jail since 16.1.2023 and has no criminal history.
A.G.A too has opposed the prayer of the applicant for grant of bail but could not dispute the aforesaid facts.
After hearing the submissions of the counsel for the parties, it appears that the First Information Report has been lodged on the basis of false allegations and incorrect facts. The prosecutrix has not fully supported the allegations made in the First Information Report in her statement recorded under section 164 CrPC. The allegation regarding the offences committed by the cousin of the applicant (Mama’s son) is missing in her statement. New allegation has been made that the co-accused family members of the applicant compelled her to make signatures on blank paper. The marriage of the prosecutrix and applicant was registered. No divorce, dissolution of marriage or judicial separation of couple through court has taken place, the Court observed.
The court found that a large number of cases are coming in courts wherein girls and women take undue advantage by lodging First Information Report on false allegations after indulging in long physical relationship with the accused. The time has come that courts should be very cautious in considering such bail applications. The law is heavily biased against males. It is very easy to make any wild allegations in First Information Report and implicate anyone on such allegations as in the case.
The Court said that,
The culture of openness being spread by social media, movies, T.V shows, etc, is being imitated by adolescent/ young boys and girls but when their conduct comes in conflict with Indian social and family norms and it comes to protecting the honour of the family of the girl and the honour of girl, such maliciously false First Information Reports are lodged.
Such First Information Reports are also lodged when after living in a live-in relationship for sometime/long time, dispute takes place between the boy and girl on any issue. Nature of a partner unfolds before the other partner with time and then when they realize that their relationship cannot continue for life, trouble starts. Since girls/women have the upper hand when it comes to protection of law, they succeed easily in implicating a boy or man in the case like of the present nature. The traditional perception of such crimes has become irrelevant. The effect of social media, movies, etc., in raising the awareness level of adolescents and loss of innocence at comparatively younger age is clearly discernible. The traditional presumption of innocence has given way to an untimely loss of innocence resulting in unforseen deviant behaviour of adolescents which the law never contemplated earlier. Law is a dynamic concept and it requires a re-look in such matters very drastically.
“Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the counsel for the parties noted above; finding force in the submissions made by the counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being undertrial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs C.B.I; considering 5-6 times overcrowding in jails over and above their capacity by the under trials 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 Court further observed while allowing the bail application.
The Court ordered that,
Let the applicant 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 are verified.
- The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
- The applicant shall cooperate in the trial sincerely without seeking any adjournment.
- The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
- 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;
- The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
- The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 CrPC.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.