Heard learned Counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submits that in medical report the age of the victim has been shown about 17 years six months. The victim in her statement recorded under Section 164 Cr.P.C. has stated that her date of birth is 16.10.1997. She has solemnized her marriage with applicant on her own sweet will. She has further stated that the applicant has not enticed away her. Her marriage was solemnized with applicant on 26.05.2015 at Muzaffar Nagar. She has further stated that she lived with applicant as husband and wife. The victim remained with applicant about seven days at different places but during this period she has not made any hue and cry to save herself. The victim in her statement recorded under Section 161 Cr.P.C. has made false allegation against the applicant. The applicant has not committed the alleged offence. False allegation has been made against him. There is no criminal history of the applicant and he is in jail since 02.06.2015.
Per contra, learned A.G.A. opposed the prayer for bail.
Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Abdul Samad @ Raju involved in Case Crime No.247 of 2015, Under Sections 363, 366, 376 IPC and 3/4 of POCSO Act, Police Station Pihani, District Hardoi, 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:
1. The applicant will not tamper with the evidence.
2. The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 14.3.2016 Jitendra