Arvind v. State of U.P.

Court No. - 77

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27436 of 2019

Applicant :- Arvind Opposite Party :- State Of U.P. Counsel for Applicant :- Gaurav Singh 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. 643 of 2018, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, Police StationMilak, District-Rampur.

As per prosecution version, applicant enticed and took away the prosecuterix aged about 17 years before five to six months of lodging the F.I.R. and F.I.R. was lodged under section 363, 366 I.P.C. In F.I.R. it is mentioned that applicant has married with the prosecuterix by deceiving her.

Learned counsel for the applicant contended that prosecuterix is major. She has gone with the applicant with her own sweet will and married with him. Accordingly, no offence has been made out against the applicant. Applicant is languishing in jail since 15.12.2018 having no criminal antecedent.

Learned A.G.A., has opposed the prayer for bail application and submitted that as per school certificate date of birth of prosecutrix is 10.07.2001. Accordingly, she is minor, however he admitted this fact that as per medical report age of prosecuterix is about 18 years.