Court granted bail to applicant Mukesh Kumar in a POCSO/IPC case. Applicant and victim were 16.5 years old. Applicant promised marriage; father undertook to solemnize it. No substantial evidence opposed bail.
Applicant Mukesh Kumar to be released on bail with personal bond and two sureties, subject to conditions against tampering and appearance.
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Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32458 of 2018 Applicant :- Mukesh Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Suneel Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Suneel Kumar Tiwari, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.15 of 2018, (SST No.47/2018) under Sections 363, 366, 376 IPC, 3/4 & 7/8 POCSO Act, Police Station Sujanganj, District jaunpur, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that the victim is aged about 16 & half years and the applicant is also tender the age of about 16 & half years. It is argued that as admitted by the victim who had gone along with the applicant to Varanasi and stayed in a lodge for one night where physical relations were established between them on the promise made by the applicant to marry her. The victim has stated that the parents of the applicant had also assured her of solemnizing marriage with the applicant. Learned counsel for the applicant has filed supplementary affidavit of the father of applicant stating that he is ready to solemnize marriage with the victim in presence of parents of both the parties in the supervision of the station house officer concerned. The said averment has been made in para-3 of the affidavit sworn on personal knowledge. It is argued that no useful purpose would be served by detaining the applicant who is also a young lad less than 18 years, in jail. In view of the averment made in the supplementary affidavit and the undertaking given by the father of the applicant, I deem it fit to enlarge the applicant on bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Let applicant Mukesh Kumar, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence; (2) The applicant shall not pressurize the prosecution witnesses; (3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant. Order Date :- 10.9.2018 Hasnain
3 issues framed by the court
Whether the applicant, aged 16.5 years and married to a 16.5-year-old victim, should be released on bail.
Whether the undertaking by the applicant's father to solemnize marriage justifies bail under POCSO and IPC sections.
What conditions for bail should be imposed on the applicant.
Mukesh Kumar
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
