Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50140 of 2021 Applicant :- Santosh Kumar @ Santosh Paswan Opposite Party :- State of U.P.
Counsel for Applicant :- Ishwar Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Brief facts of the case are that on 05.01.2021 at about 02.00 p.m., daughter of the informant was enticed away by the applicant regarding which FIR was lodged against unknown on 06.01.2021.
It is submitted that victim was major at the time of the incident. She went with the applicant voluntarily. She stated before the Magistrate that her age was about 19 years and she was in love with the applicant. She wanted to marry with him but members of her family prevented her from doing so. Thereafter, they went to Ballia where they entered into marriage in a Hindu temple. They went to Haryana and lived there for seven months as husband and wife. It is further submitted that applicant has been falsely implicated in this case. He is in jail since 11.07.2021. Therefore, he requests for bail.
Learned A.G.A. opposed the prayer for bail and urged that victim was minor at the time of incident. In the family register, her age has been shown as 20.05.2003 according to which, she was 17 years 8 months old at the time of the incident. The applicant enticed the victim who was a minor and entered into marriage with her. Therefore, he is not entitled for bail.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, age of the victim and the fact that she voluntarily went with the applicant, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Santosh Kumar @ Santosh Paswan involved in Case Crime No.14 of 2021, under Sections 363, 366, 376 IPC, 3/4, 5/6 P.O.C.S.O. Act, P.S. Kotwali Nagar, District Mau be released on bail on furnishing a personal bond and two heavy 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 shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
5. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 21.12.2021 Madhurima