In a bail application, the court released the applicant on personal bond and two sureties without commenting on merits of the case involving offences under IPC and POCSO Act.
Released on bail subject to personal bond and two sureties of the like amount.
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21386 of 2019
Applicant :- Naushad Ahmad Opposite Party :- State Of U.P And Another Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
By way of instant bail application, prayer has been made to enlarge the applicant on bail in Case Crime No. 129 of 2019, under Sections 363, 366, 376, 504, 506 of I.P.C. and Section 3/4 of POCSO Act, Police Station - Kotwali Mau, District - Mau.
As per prosecution version, the applicant enticed and took away the prosecutrix, aged about 15 years. First information report in this regard was lodged under Sections 363, 366, 504, 506 of I.P.C. Later on, during investigation, Section 376 of I.P.C. was added.
Learned counsel for the applicant contended that the prosecutrix is major. She had gone with the applicant on the own sweet will and married with him. Accordingly, no offence is made out against the applicant. He next contended that in the Islamic law, second marriage is permissible. The prosecutrix is an illiterate lady. She refused to get herself medically examined for determination of her age. He further contended that the applicant is not a history-sheeter and is languishing in jail since 24.04.2019.
Per contra, learned A.G.A. opposed the prayer for bail, however, admitted this fact that ossification test of the prosecutrix was not conducted by the prosecution.
The prosecutrix in her statement under Section 164 Cr.P.C. admitted this fact that she had gone with the applicant on her own sweet will to Delhi and married with him. She stated her age to be about 20 years.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant - Naushad Ahmad be released on bail in the
aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned.
Application stands allowed .
Order Date :- 10.7.2019 I. Batabyal
2 issues framed by the court
Whether the applicant is entitled to bail in a bail application regarding offences under Sections 363, 366, 376 IPC and POCSO Act.
Whether the applicant fits the case criteria for being enlarged on bail.
Naushad Ahmad
State Of U.P
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
