Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1585 of 2021 Applicant :- Neeraj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Faiz Ahmad,Mansoor Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, applicant, who is involved in Case Crime No. 360 of 2020, under sections 323, 354-B, 363, 366, 376, 504, 506 IPC and section 5/6 of Protection of Children From Sexual Offences Act, police station Shankergarh, district Prayagraj, seeks enlargement on bail during the pendency of trial.
As per prosecution case, in brief, the informant Smt. Bela Devi, who is the mother of victim, lodged first information report on 01.10.2020 against the accused persons Neeraj (applicant), Radhey Shyam (father of the applicant), and Sunny (brother of the applicant) alleging inter alia that the applicant after enticing away her daughter, who is aged about 12 years, forcibly solemnized marriage with her. On resisting the same by the informant, the accused persons by abusing threatened her not to raise any objection, otherwise she will face dire consequences.
It is argued by the learned counsel for the applicant that the victim is an uneducated girl and as per medical examination report, her age is about 17 years, whereas she in her statement under section 164 Cr.P.C. stated that her age is 21 years, and she solemnized her marriage with the applicant on her own sweet will and wants to live with her husband. It is next submitted by the learned counsel for the applicant that the victim in her statements recorded under section 161 and 164 did not support the prosecution version. It is also submitted by the learned counsel for the applicant that the informant in her statement recorded under section 164 Cr.P.C. has stated that her daughter has solemnized her marriage with the applicant on her own sweet will. On 07.10.2020, the victim moved an application before the Station House Officer, Shankargarh, Prayagraj against her family members making allegation that they are trying to falsely implicate the applicant and his family members and also trying to make hindrance in her marital life. It is further submitted by the learned counsel for the applicant that after investigation, the Investigating Officer has submitted charge sheet only against the applicant Neeraj and exonerated the other accused persons. Learned counsel for the applicant also contended that considering the facts and circumstances of the case, the victim was consenting party with the applicant. It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since 24.10.2020. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant, but does not dispute that the victim in her statements under sections 161 and 164 Cr.P.C. did not support the prosecution case.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, considering the fact that the victim has solemnized her marriage with the applicant on her own sweet will, and she in her statements under section 161 and 164 Cr.P.C. did not support the prosecution case, therefore false implication of the applicant cannot be ruled out, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Neeraj, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(1) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(2) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(3) That after his release, the applicant shall not involve in any criminal activity.
(4) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 16.8.2021 Sazia