Court allowed bail to applicant charged with offences including sexual assault and abduction, noting medical evidence confirmed her majority and prosecutrix alleged voluntary marriage.
Release on bail through personal bond and two reliable sureties.
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16209 of 2019
Applicant :- Vindhyawasini Soni Opposite Party :- State Of U.P. Counsel for Applicant :- Santosh Singh,Sanjay Singh Counsel for Opposite Party :- G.A.,Harindra Pratap
Hon'ble Umesh Chandra Tripathi,J.
Counter affidavit filed by learned counsel for the informant/opposite party no.2 is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant/opposite party no.2, learned A.G.A. and perused the record.
This bail application has been moved by the applicant who is involved in Case Crime No. 128 of 2018, under Sections 363, 366, 376 (1) I.P.C., 3/4 Protection of Children from Sexual Offences Act and 3 (2) (5) of S.C./S.T. Act, Police StationKhiri, District-Allahabad.
As per prosecution version, on 26.06.2018 at about 11:00 P.M. in the night, prosecutrix aged about 16 years had gone out of her residence. Later on, she could not return at her home. First information report was lodged on 28.06.2018, under Sections 363, 366 I.P.C. against the applicant in suspicion.
Learned counsel for the applicant contended that prosecutrix is major. She has gone with the applicant and married with him. Accordingly, no offence is made out. Date of birth of prosecutrix mentioned in the school certificate is not correct. Applicant is languishing in jail since 26.12.2018 having no criminal antecedents.
Learned counsel for the informant submitted that informant has no objection in releasing the applicant on bail.
Learned A.G.A., has opposed the prayer for bail and contended that as per High School Certificate date of birth of prosecutrix is 12.03.2002. Accordingly, she was minor at the time of occurrence. However, he admitted this fact that all the epiphysis of the wrist, elbow and knee joints of the prosecutrix were fused and as per medical report her age was above 18 years at the time of occurrence.
Prosecutrix in her statement under Section 164 Cr.P.C. admitted that she has gone with the applicant and solemnized marriage with him on her own sweet will.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant- Vindhyawasini Soni , 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.
Application stands allowed.
Order Date :- 17.7.2019 AKT
2 issues framed by the court
Whether the applicant is eligible for bail given the conflicting evidence regarding the prosecutrix's age and voluntary marriage.
Whether the allegations disclose an offence considering the prosecutrix's assertion of entering a marriage of her own free will.
3 provisions across 3 enactments
Vindhyawasini Soni
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
