Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26676 of 2021 Applicant :- Lalloo Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hari Shankar,Shiv Vilas Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Notice has been served upon the opposite party no.2 but no one has put in appearance on her behalf.
Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the record.
The instant bail application has been filed on behalf of the applicant Lalloo with a prayer to release him on bail in Case Crime No.124 of 2020, under Sections 363, 376 I.P.C. and 6 POCSO Act, Police Station Karvi, District Chitrakoot.
As per facts of the case, on 12.03.2020 opposite party no.2- Smt. Chunki Devi got registered the first information report that her daughter, namely, Priti aged 15 years went to purchase some medicine on 08.03.2021 and since then she is missing. The suspicion was shown on Sanjay and Suraj S/o Munshi. When the girl was recovered with the present accused Lalloo she has stated in her statement recorded under Section 161 of Cr.P.C. that she has solemnized marriage with the Lalloo.As a result of the marriage, she is seven months pregnant and wants to live with the present accused. She has disclosed her age to be 17 years. In her statement recorded under Section 164 of Cr.P.C. she has stated that she went alongwith the present accused out of her own free will and there was no force on her. Her mother used to scold and abuse her and she left her home on her own. When she come to meet her mother then she and Lalloo (applicant) were caught by the police. The incident is dated 08.03.2021 and the first information report has been lodged on 12.03.2021. The girl is now having a child. She is admittedly living at the residence of the applicant. The applicant is in jail since 09.02.2021.
Learned A.G.A. has opposed the bail application and it is claimed that the girl was minor at the time of incident.
It is admitted fact that the parents of the girl have accepted the marriage. It is also accepted that nowadays the girl is living with the family of the boy. Admittedly, the child is of present accused- Lalloo and if the applicant is kept in jail certainly the well being of the child will be affected.
Upon hearing learned counsel for the parties and after perusal of record and considering the special circumstances of the case, at this stage without commenting on the merits of the case, I find it a fit case for bail.
The bail application is allowed.
Let the applicant Lalloo be released on bail in Case Crime No.124 of 2020, under Sections 363, 376 I.P.C. and 6 POCSO Act, Police Station Karvi, District Chitrakoot, on furnishing a personal bond and two sureties 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 :- 21.12.2021 Radhika