Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32768 of 2019 Applicant :- Rahul @ Chalu Opposite Party :- State Of U.P.
Counsel for Applicant :- Shailesh Kumar Shukla Counsel for Opposite Party :- G.A.,Amit Krishna
Hon'ble Rajul Bhargava,J.
Heard Sri Shailesh Kumar Shukla, learned counsel for the applicant, Sri Amit Krishan, counsel for the informant, learned A.G.A for the State and perused the first information report as well as rejection order.
Learned counsel for the applicant submitted that the victim is on the verge of majority and she has categorically stated in her statement u/s 164 Cr.P.C. that her parents wanted to marry with someone to whom she did not like, she is student of B.A. and on 25.4.2019 she went to her friends and then she went along with applicant without any coercion, she has not levelled any allegation of any sexual assault by the applicant.
Learned counsel for the informant has vehemently opposed the prayer for bail and submitted that as per high school certificate, the victim was 17 years and two months of age and thus she was minor. However, he could not dispute that in the statement u/s 164 Cr.P.C. there is no whisper about any kind of enticement. He has further submitted that the applicant after suppressing certain very material facts has solemnized marriage with the prosecutrix and further on the basis of high school certificate, Section 16/17 of POCSO Act has also been added during investigation.
Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Rahul @ Chalu involved in Case Crime No. 140 of 2019, u/s 363, 366 IPC, P.S. Nanota, District Saharanpur shall be released on anticipatory bail till the submission of police report if any under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions.
(i) the applicant shall make himself available for interrogation by a police officer as and when required;
(ii) 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 them from disclosing such facts to the Court or to any police officer;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Let the copy of this order be sent by the Registrar General of this Court to Sessions Judge concerned for it's compliance.
Order Date :- 26.8.2019 Dhirendra/