Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14935 of 2019 Applicant :- Krishna Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A., Atul Kumar Kushwaha
Hon'ble Umesh Chandra Tripathi,J.
Counter affidavit filed today on behalf of the State is taken on record.
Heard learned counsel for the applicant, learned A.G.A., for the State of U.P. and learned counsel for the respondent No. 2. Perused the record.
This bail application has been moved by the applicant who is involved in Case Crime No. 27 of 2019, under Sections 363, 366, 376 I.P.C., and Section 3/4 POCSO Act, Police Station- Charthawal, District-Muzaffar Nagar.
As per prosecution version, on 11.1.2019, applicant Krishna and co-accused Rahul enticed and took away the prosecutrix two sisters aged about 14 and 18 years. First information report was lodged on 17.1.2019.
Learned counsel for the applicant contended that prosecutrix were recovered by the police on 26.1.2019. As per medical report, both prosecutrix are major. Both of them have gone with the applicant and co-accused on their own sweet will. As per first information report, the prosecutrix aged about 18 years had gone with the applicant on her own sweet will. Accordingly, no offence is made out against the applicant. One prosecutrix in her statement under Section 164 Cr.P.C., admitted this fact that on the telephonic call of applicant and co-accused Rahul, she and her elder sister went at Rohana Road to meet them. He further contended that prosecutrix have gone with the applicant and co-accused Rahul at several places and resided with them for 15 days and during that stay, no alarm have been raised by them. Applicant is languishing in jail since 30.1.2019 and he has no criminal antecedent.
Learned A.G.A., and learned counsel for the respondent No. 2 have opposed the prayer for bail and contended that as per school certificate, one prosecutrix is minor.
As per medical report, the age of one prosecutrix is in between 17 to 18 years and another prosecutrix is of 18 to 19 years.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant- Krishna, 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 C.J.M./Magistrate, concerned.
Application stands allowed.
Order Date :- 30.4.2019 Jaswant