Danish Vs State of U.P. Thru. Prin. Secy. Deptt. of Home, U.P. Lucknow and 3 Others

Neutral Citation No. - 2024:AHC-LKO:20265

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2143 of 2024

Applicant :- Danish Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, U.P. Lucknow And 3 Others Counsel for Applicant :- Sachin Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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Learned counsel for the applicant submits that the victim is a consenting party. In her statement under Section 161 and 164 Cr.P.C., she has not supported the prosecution version. No corroborative medical injury has been found in the medico-legal examination of the victim. In her statement under section 164 Cr.P.C. she has stated that she knows the applicant for the last five years and she of her own accord went away with the applicant. She has further stated that she married with the applicant three months ago. The applicant has not enticed away her away and she wants to live with him. Radiological age of the victim has been assessed to be 16-17 years.

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It has been further submitted that margin of error in ascertaining age by radiological examination is two years on either side as held by Supreme Court in Jaya Mala versus Home Secretary, Government of Jammu & Kashmir and others (1982)2 SCC 538 and the applicant being the accused is entitled for giving the benefit on higher side.

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It is further submitted that the applicant is languishing in jail since 22.11.2023 without having any criminal history. There is no possibility of the applicant of fleeing away after being

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released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the statement of the victim recorded under section 161 and 164 Cr.P.C.; lack of corroborative evidence coupled with the fact that the applicant is languishing in jail since 22.11.2023 without having any criminal history and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed.

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Let the applicant, Danish, involved in Case Crime/FIR No. 349/2023, under Sections 363/366/376 IPC and Section 3/4 of POCSO Act, Police Station - Rupaidiha, District - Bahraich, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(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.

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(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.

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(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.

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(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 174-A of the Indian Penal Code.

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Order Date :- 6.3.2024 R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Danish v. State of U.P. Thru. Prin. Secy. Deptt. of Home, U.P. Lucknow and 3 Others

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Danish v. State of U.P. Thru. Prin. Secy. Deptt. of Home, U.P. Lucknow and 3 Others

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