Sajan v. State of U.P. and Another

Court No. - 87

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4327 of 2023

Applicant :- Sajan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Shanker Tiwari Counsel for Opposite Party :- G.A.,Shweta Singh Rana

Hon'ble Deepak Verma,J.

List revised. Counsel for the informant is not present.

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.515 of 2022, under Sections 363, 366 I.P.C., and 16/17 POCSO Act, P.S. Khutar, District Shahjahanpur, during pendency of the trial.

It is alleged in the F.I.R. that informant's daughter ran away from her house along with applicant and carried Rs.20,000/- and some ornaments.

Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; as per F.I.R., no case is made out under alleged Sections against the applicant; from the statement of victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C., it is clear that victim on her own sweet will left her house and went with applicant, thereafter, they performed marriage. It has been further argued that statements of victim are contrary to the version of F.I.R. The victim has not made any allegation against the applicant. Though, victim is minor but she was not enticed by applicant. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 28.09.2022 and in case, he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.