Rajesh Vs State of U.P. and 3 Others

Neutral Citation No. - 2023:AHC:107091

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16507 of 2023

Applicant :- Rajesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ved Prakash Ojha Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Sri Tanay Kumar learned AGA apprised the Court that on 17.4.2023 notice has been served to the informant. Despite service of notice none appeared on behalf of the informant.

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Heard Sri Ved Prakash Ojha, learned counsel for the applicant and Sri Tanay Kumar, learned AGA for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 49 of 2022, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station Narahat, District Lalitpur, during pendency of the trial in the court below.

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FIR of the present case was lodged against Bahar @ Satya (non applicant) and according to the FIR, nominated accused enticed away the minor daughter of the informant aged about sixteen and half years.

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Learned counsel for the applicant submitted that applicant was not named in the FIR but after about 8 months when victim was recovered then in her statement recorded under section 161 Cr.P.C. she stated that she is 18 years old girl and she according to her own wish had gone alongwith the applicant about 7-8 months before and thereafter, she performed marriage with the applicant and both started living as husband and wife. He next submitted that even in her statement recorded under section 164 Cr.P.C. victim stated that she had performed marriage with the applicant and she has also conceived with him and in her statement recorded under section 164 Cr.P.C., she expressed her desire to live with the applicant.

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He next submitted that although as per the school records at the time of incident victim is around sixteen and a half years and her radiological age is also 17 years but victim in her

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statement under section 161 Cr.P.C. disclosed her age as 18 years, therefore, at this stage, precisely it cannot be said that victim is below 18 years of age. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 5.1.2023, therefore, he may be released on bail.

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Per contra, learned AGA opposed the prayer for bail and submitted that from the school record and as per medical report, age of victim is around 16-17 years, therefore, she appears to be minor but could not dispute the fact that victim in her statement recorded under sections 161 and 164 Cr.P.C. stated that she had performed marriage with the applicant and in the statement recorded under section 164 Cr.P.C., she also stated that he has conceived with the applicant and expressed her desire to live with him.

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I have heard learned counsel for the parties and perused the record of the case.

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Although from the perusal of the record, it reflects that victim is around 17 years old girl but in the statements recorded under sections 161 and 164 Cr.P.C. she stated that she had gone alongwith the applicant and had performed marriage with him and in the statement recorded under section 164 Cr.P.C. she further stated that she has conceived with the applicant and also expressed her desire to live with the applicant.

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Therefore, considering the aforesaid facts and circumstances of the case, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Rajesh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 17.5.2023

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Ankita

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Rajesh v. State of U.P. and 3 Others

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