Akash v. State of U.P.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18681 of 2019

Applicant :- Akash Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Dixit Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Manju Rani Chauhan,J.

Learned counsel for the applicant prays for and is permitted to make necessary corrections in the prayer clause of the present bail application during the course of the day.

Heard Mr. Arvind Kumar Dixit, learned counsel for the applicant and Mr. Om Prakash Mishra, learned A.G.A. for the State as well as perused the material on record.

The present bail application has been filed by the applicant-Akash with a prayer to enlarge him on bail in Case Crime No. 549 of 2017, under Sections 363 and 366 I.P.C. and Sections 7/8 POCSO Act, Police Station-Ajitmal, District-Auraiya, during the pendency of the trial.

It has been argued by learned counsel for the applicant that the first information report has been lodged on 4th October, 2017 by Rajjan Lal i.e. the father of the victim, namely, Rajani alleging therein that on 3rd October, 2017 at 05:00 a.m. (morning), the victim was enticed by Shailendra Singh, Devendra Singh and Akash (applicant herein) and two unknown persons. He along with family members tried to search her but they could not succeed. In the statement recorded under Section 164 Cr.P.C., the victim Rajani has stated that she is 20 years old. On 3rd October, 2017 she went to Auraiya, where she stayed with the co-accused Shailendra in a rented house and on 5th October, 2017 she married the co-accused Shailendra in Arya Samaj Temple at Kanpur. Thereafter she went along with Shailendra to Delhi, where she stayed with him for two months. Her parents were harassing her in-laws (parents of Shailendra). She wanted to live with Shailendra on her own free will. Her parents were threatening to kill them. She went along with Shailendra on her own free will. It has further been argued by the learned counsel for the applicant that in the said statement of the victim, nothing has been stated against the applicant. The real fact is that the victim and the co-accused Shailendra are consenting. Due to love affair of the victim with the co-accused Shailendra, he has been falsely implicated in the present case by the first informant who is the father of the victim along with applicant as he is friend of Shailendra. As per the medical examination report, the victim is 20 years old. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 2nd April, 2019.