Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7868 of 2018 Applicant :- Dara Opposite Party :- State Of U.P.
Counsel for Applicant :- Saroj Kumar Dubey,Surya Mani Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Sri S.K. Dubey, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that applicant has been falsely implicated due to ulterior motive. Further submission is that applicant did not entice away the victim. As a matter of fact, both the applicant and victim being in relationship with each other, victim had gone with applicant out of her own sweet will and solemnized marriage also which is apparent from victim's statement under sections 161 & 164, Cr.P.C. Further submission is that in medical report, victim's age has been determined between 16-18 years and there being possibility of two years fluctuation on either side, she is major. Further submission is that applicant is in jail since 13.1.2018 having no other criminal history to his credit and there is also no possibility of his either fleeing away from the judicial process or tampering with the evidence.
Learned A.G.A. has vehemently opposed the prayer and submitted that as per Adhar Card as well as identity card issued by the school, victim is minor, therefore, her consent is no consent in law.
Upon hearing the respective submissions of learned counsel of both sides and also fact victim has not supported the prosecution, I find it to be a case of bail.
Let applicant- Dara be released on bail in Case Crime No. 18 of 2018, under Sections 363, 366, 376, IPC & Section 3/4 POCSO Act, P.S.-Mauaima, District Allahabad, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.2.2018 T. Sinha