Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40104 of 2021 Applicant :- Niraj @ Bhairamadeen Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 132 of 2021 under Sections 363, 366 I.P.C. and 16/17 of The Protection of Children from Sexual Assault Act, 2012 registered at P.S.- Bisenda, District- Banda.
Despite service of notice upon informant, none appears on her behalf.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. He has not committed the alleged offence. Applicant neither enticed nor used force to kidnap the victim. Further submitted that victim is a consenting party. Applicant and victim married each- other with their free consent. Learned counsel for the applicant drew attention of the Court towards statement of victim recorded u/s 161 and 164 Cr.P.C. wherein she has specifically stated that she likes the applicant. On 16.05.2021, she herself went to meet the applicant, thereafter they went to Surat and married with each-other. She is happy with the applicant and wants to live with him. Further submitted that the applicant is languishing in jail since 26.06.2021.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the statement of victim recorded under Sections 161 and 164 Cr.P.C.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the statement of victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. from which it is prima-facie evident that victim is consenting party, there was no enticement, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Niraj @ Bhairamadeen involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 20.12.2021 A. Mandhani