Learned counsel for the applicant has filed second supplementary affidavit today, which is taken on record.
Heard learned counsel for the applicant and learned AGA for the State and perused the material available on record.
The present bail application has been filed by the applicant in Case Crime No. 56 of 2016, under Sections 363, 366, I.P.C & Section 7/8 of The Protection of Children From Sexual Offences Act, 2012, Police Station ? Nautanwa, District ? Maharajganj, with the prayer to enlarge him on bail.
Learned counsel for the applicant contended that the victim is minor and the F.I.R was lodged for her kidnapping on 05.02.2016. She was recovered alone from the Railway Station, Nautanwa. On 06.02.2016 on basis of her statement under Section 164 Cr.P.C. applicant was challaned. In her statement, the victim stated that applicant had kidnapped her in a house and went away with the promise to bring her mother. According to the learned counsel for the applicant no alleged overt act appears to have been committed. According to the victim's statement, the applicant had promised to bring the victim's mother to her.
The prayer for bail has been vehemently opposed by learned AGA. However, the aforesaid factual aspect of the matter has not been disputed by him.
It has further been submitted that the applicant is innocent with no previous criminal history and is in jail since 17.02.2016 and, in case, he is enlarged on bail, he will not misuse the liberty of bail.
Considering the facts and circumstances of the case as also the submissions made, finding that according to statement of victim no criminal force was used and applicant had left untouched victim for bringing her mother; without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant ? Golu @ Akbar Ali, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Order Date :- 24.10.2016.
Vinod.