High Court allowed bail in a bail application filed under Sections 363, 363, 376 IPC and POCSO Act where the victim allegedly eloped with the accused, citing conflicting victim statements and lack of criminal history.
Accused released on bail by furnishing a personal bond and two reliable sureties each in the like amount.
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Neutral Citation No. - 2024:AHC-LKO:15308
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1678 of 2024
Applicant :- Nirmal Das @ Govind Opposite Party :- State Of U.P. Thru Prin.Secy. Home Lko And Ors.
Counsel for Applicant :- Ashok Kumar,Chandra Prakash Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
None appears for the complainant although notices are served.
The present bail application has been filed by accused-applicant seeking bail in Case Crime No.381 of 2023, under Sections 363, 366, 376 I.P.C. and Sections 3/4 POCSO Act, P.S. Phardhan, District Lakhimpur Kheri.
It is alleged in the first information report that in the night of 19.08.2023 at about 10:00 pm, the minor daughter of the informant has been enticed away by the victim.
It is argued on behalf of the applicant that victim in her statement under Section 161 Cr.P.C. has stated that she is 18 years old and her parent wanted to marry her somewhere else but she was not willing to marry there. She is in love with Nirmal Das @ Govind, the present applicant and with whom she married and wants to live with him. While giving statement under Section 164 Cr.P.C., the prosecutrix has again stated that she has 18 years old and on 21.08.2023 on her own accord without informing anyone at home, she went with Nirmal Das @ Govind and has done court marriage on 22.08.2023.
Learned counsel for applicant further submits that age of the victim
in the radio-logical examination has been found to be 18-20 years. Applicant has no criminal history. Applicant is in jail since 24.08.2023.
Learned A.G.A. has opposed the bail prayer.
On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 24.08.2023 having no criminal history as well as the statement of the victim recorded under Sections 161 & 164 Cr.P.C. wherein she has not supported the prosecution case, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Accordingly, the bail application is allowed .
Let the applicant Nirmal Das @ Govind be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against
him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174A of the Indian Penal Code.
Order Date :- 21.2.2024 Saurabh Yadav/-
Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the accused is entitled to bail given the conflicting statements of the victim and lack of criminal history.
Whether the claims of elopement and marriage between the accused and the victim create a fit case for bail.
4 provisions across 2 enactments
Nirmal Das @ Govind
State Of U.P.
Karunesh Singh Pawar
As recorded by the court registry
3 orders share this CNR
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