JUDGMENT :

1. Details of criminal case, offences etc. in above referred bail applications are given in the form of chart hereinafter:

2. Common question of law arose for consideration in all above referred bail applications was reframed during final hearing that:

“Whether material collected during investigation such as further/ subsequent / Mazid Bayan or a statement given by a victim (a minor girl) before Child Welfare Committee or that victim has stayed/ lived as wife and husband with accused, would be sufficient evidence for Investigating Officer to take a different or contrary view of statements of victim recorded under Sections 161 and 164 Cr.P.C., wherein she has either denied or does not refer allegation of physical relationship with accused with or without her consent?”

3. Court has heard arguments of Sri Shamsher Singh and Sri Sarfaraz Ahmad, Amicus Curiae and learned counsel for rival parties on the basis of undisputed principles of criminal jurisprudence that, any Investigating Officer or Agency has a right to investigate any case on its own way by undertaking procedure duly recognized under Criminal Procedure Code, 1973 (hereinafter referred to as “Code”)or under Police Manual/ Regulation or under any Special Act with object to unearth the truth which also includes custodial interrogation and recording statement of witnesses. It is also well settled that manner of investigation, being a subjective matter of Investigating Officer, cannot be fixed in a straight jacket formula, however, there are certain settled principles and procedures which have to be followed.

4. Word ‘investigation’ is defined under Section 2(h) of Code and reproduced as under:

“(h) "investigation" includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf.”

5. Power of Police to investigate, including procedure till submission of report on completion of investigation, is provided under Chapter XII vide Sections 154 to 176 of Code.

6. Court cannot interfere or direct any Investigating Officer to conduct any investigation in a particular manner. However, it does not mean that if any aggrieved party seeks direction for fair investigation, Court becomes helpless rather it can exercise powers granted under Sections 156 or 482 of Code or under Article 226 of the Constitution of India, as the case may be.

7. This Court has advantage of a judgment passed by Coordinate Bench on similar issue in bunch of cases leading being Criminal Misc. Bail Application No. 31695 of 2021 (Dharmendra alias Patra vs. State of U.P.),