Heard learned counsel for the applicant, learned A.G.A and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.614 of 2019, under Section 363, 366 I.P.C., Police Station Kotwali City, District Hardoi, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 27.09.2019. It is further submitted on behalf of the applicant that the prosecutrix left her house on her own will and went with the applicant and he further submitted that her radiological age is 17 years and no offence under Sections 363, 366 I.P.C. is made out, but due to annoyance, the mother of the prosecutrix lodged the F.I.R. on the basis of concocted facts. He further submitted that the Investigating Officer recorded the statement of prosecutrix under Section 161 Cr.P.C.
Learned counsel for the applicant further submitted that the statement of prosecutrix was also recorded before the Magistrate under Section 164 Cr.P.C., in which she categorically stated that she went on her will, as she was annoyed with her mother and also stated that she stayed in a rented accommodation in Lucknow. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposes the prayer for grant of bail to the applicant and submitted that the prosecutrix is a minor as per the School Leaving Certificate she is aged about 10 years but he conceded that her radiological age is about 17 years and he also conceded the fact that in her statement under Sections 161 & 164 Cr.P.C., she stated that she went on her own will due to annoyance with her mother.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Ritik @ Ankur Singh be released on bail in the aforesaid Case Crime on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 20.12.2019 S. Shivhare