Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15839 of 2018 Applicant :- Ajay Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Rizwan Ahamad Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application has been filed seeking the release of the applicant on bail in Case Crime No. 953 of 2017 u/s 363, 366, 376 IPC and 3/4 POCSO Act, Police Station- Dhoomanganj, District- Allahabad .
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Submission of the counsel is that record shows that the victim was in love with the applicant and had gone on her own volition. The overall reading of the record shows that she was having relationship with the applicant with her own will and not without her consent and, therefore, in such, circumstances the applicant should be released on bail.
Learned AGA has opposed the prayer for bail and has submitted that the applicant is a married person having his wife and children.
Emphasis was also laid on the minor age of the victim which according to the educational certificates comes to be about 15 years at the time of incident. Submission is that even if it is presumed that the victim had strayed from the right path and had consented to have physical relationship with the applicant such consent is absolutely meaningless being the consent of a minor immature girl. It was also submitted that so far as the case of the applicant is concerned he cannot offer any kind of justification either legal or moral to have indulged in such kind of immoral, illegal, deviation. He has been guilty not only of infidelity towards his wife, he has also been guilty of spoiling the life of a minor girl with whom his relationship cannot be said to have any legal sanctity.
In these circumstances, the conduct of applicant Ajay Kumar does not deserve to be either soft paddled or to be viewed liberally by the Court.
Looking to the nature of offence, its gravity and the evidence in support of it and the overall circumstances of this case, this Court is of the view that the applicant has not made out a case for bail. Therefore, the prayer for bail of the applicant is rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 30.4.2018 Ravi Prakash