1. Heard Sri Manoj Kumar Tiwari, learned counsel for applicant as well as learned A.G.A. for the State.
2. This bail application has been filed by the applicant who is an accused in Case Crime No. 51 of 2021, Under Sections 3/4 of the Protection of Children form Sexual Offences Act, 2012, Policd Station - Khairighat, District - Bahraich.
3. It has been submitted by learned counsel for applicant that the information report was lodged by the uncle of the prosecutrix stating that her niece whose aged about 13 years is missing from his house from 05.02.2021 and in all probabilities she has been enticed and kidnapped by the applicant who has taken her away under a false promise of marriage and despite searching for his girl she could not be found and consequently, the said first information report was lodged.
4. Subsequently, during investigation, the prosecutrix was recovered and statement was recorded under Section 161 Cr.P.C. where she has stated that she left he house on her own accord with the applicant. She stated that the applicant and the prosecutrix have stayed together and have also got married in a temple and have lived as husband and wife. Subsequently, before the Magistrate, she has reiterated the same statement given under Section 161 Cr.P.C. that she has left her house on her own accord and had married to applicant and subsequent to the marriage they have lived as husband and wife
5. Learned counsel for applicant has vehemently urged that considering the statement given by prosecutrix during investigation under Sections 161 and 164 Cr.P.C. she has voluntarily left her own house and there was no force or coercion or any undue influence on the part of the applicant and consequently no offence is made out. With regard to age, it has been submitted that as per the the medical opinion, the age of the prosecutrix is about 16 years and considering the variation which normally come up during such determination it cannot be said that the prosecutrix is a minor.
7. It is submitted by learned counsel for applicant that applicant is languishing in jail since 22.02.2021. The counsel contends that there is no possibility of the applicant fleeing away from justice or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
8. Learned A.G.A. on the other hand opposed the bail application but could not dispute the aforesaid facts.
9. Considering the facts and circumstances of the case and arguments of learned counsel for applicant as well as material on record, itis evident that the prosecutrix has left the house on her own accord and had started living with the applicant. It has also been stated by her that she has got married in a temple and according to the medical opinion it cannot be said that she is a minor, and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
10. Let applicant/Bablu Verma @ Bablu Kurmi be released on bail in the aforesaid case on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(i) 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.
(ii) 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.
(iii) 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.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
11. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
12. The application stands disposed of.
13. This order shall not influence the trial court for proceeding with the trial.
14. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
15. The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Alok Mathur, J.) Order Date :- 25.8.2021 Ravi/