Bablu v. State of U.P.

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15609 of 2019 Applicant :- Bablu Opposite Party :- State Of U.P. Counsel for Applicant :- Santosh Kumar Dubey Counsel for Opposite Party :- G.A.

Hon'ble Umesh Chandra Tripathi,J.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

This bail application has been moved by the applicant who is involved in Case Crime No. 1186 of 2018, under Sections 363, 366A, 376 I.P.C. and 3/4 POCSO Act, 2012, Police Station-Sector-20, NOIDA, District-Gautam Budh Nagar.

As per first information report, prosecutrix aged about 15 years was missing from her residence for about 15 days. On 20.07.2018 F.I.R. was lodged under Section 363 I.P.C. Later on, prosecutrix was recovered and her statement under Section 164 Cr.P.C. was recorded. Prosecutrix in her statement under Section 164 Cr.P.C. stated her age about 19 years. She further stated that she had gone with the applicant on her own sweet will and married with him. She is living with the applicant as husband and wife.

Learned counsel for the applicant contended that prosecutrix is an illiterate lady. She is major and she has gone with the applicant and solemnized marriage with him on her own sweet will. Accordingly, no offence is made out against the applicant. Applicant is languishing in jail since 09.03.2019 having no criminal antecedents.

Per contra, learned A.G.A., has opposed the prayer for bail and submitted that as per report of Medical Board, age of prosecutrix is about 17 years and 6 months. Accordingly, she is minor. He admitted this fact that prosecutrix is illiterate and school certificate for determination of her age is not available.