Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52146 of 2019 Applicant :- Manoj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikrant Neeraj,Akhilesh Singh,Satya Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
By means of this application, the applicant who is involved in case crime no. 194 of 2019, under Sections 363, 366A, 120B, 328, 307, 376D I.P.C. and section 3/4 POCSO Act, P.S. Dando, district-Aligarh and is in jail since 18.9.2019, is seeking enlargement on bail during the trial.
The first information report was lodged by the complainant against three persons namely, Renu, Rekha and Champi about disappearance of his minor daughter. It was alleged in the FIR that on 24.7.2019 when the complainant and with his wife had gone outside home for some work, leaving her daughter in the house alone and when they returned their house at about 3:00 O'clock in the afternoon, they found her missing. It was also alleged that the named accused had enticed away her minor daughter.
Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case. Further submission is that the alleged victim was found to be sixteen years of age when she was medically examined. The present accused has solemnized marriage with the alleged victim when she was found to him in the village. He also submits that the applicant has not purchased the alleged victim from co-accused Deepak and Vishnu. He lastly submits that the applicant, who has no criminal antecedents to his credit and he is in jail since 18.9.2019, is entitled to be enlarged on bail during pendency of the trial.
Per contra learned AGA opposed the prayer for bail and submitted that the present accused has purchased the minor girl, aged about less than sixteen years then solemnized marriage with her forcefully. He further submits that the alleged victim was minor and her consent is immaterial, hence the applicant's prayer for bail at this stage is liable to be rejected.
After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record, considering that the alleged victim was minor aged about less than sixteen years and she was purchased by the present accused as alleged by the victim in her statement recorded under Section 164 Cr.P.C., this Court is not inclined to enlarge the applicant on bail at this stage of trial, hence the bail applicant is accordingly rejected.
Order Date :- 20.12.2021 Faridul