Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36809 of 2019 Applicant :- Neelu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Singh Sengar,Ajay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 55 of 2019, under Sections 363, 366, 376 I.P.C. and 3/4 Protection of Children from Sexual Offence Act, Police Station Bela, District Auraiya with the prayer to enlarge the applicant on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has not committed any offence. It was submitted that victim girl is a consenting party and in her statements under Sections 161 and 164 Cr. P.C., she has clearly stated that she had gone with applicant with her own free-will and had solemnized marriage with applicant. It was further pointed out that FIR of the incident has been lodged after about two months of the incident and no explanation for delay has been shown. It was stated that victim girl has not made any allegations of kidnapping or rape against the applicant. It was submitted that applicant is in judicial custody since 26.05.2019 and in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that victim girl is a minor and hence, her consent is immaterial. It was submitted that even as per her medical examination, age of victim girl is 16 years and thus, a case is made out against the applicant. However, it has not been disputed that victim girl has not made any allegations of kidnapping or rape against the applicant.
Considering the submissions of learned counsel for parties, nature of accusation, statement of victim girl and all attending facts and circumstances of the case, without expressing any opinion on the merits of case, at this stage, prima facie, a case for bail is made out.
Let applicant Neelu involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant, victim or her family members or any of the witness of the case.
Order Date :- 17.12.2019 T.S.