Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37530 of 2020 Applicant :- Suraj Opposite Party :- State of U.P.
Counsel for Applicant :- Jalaj Kumar Tripathi Counsel for Opposite Party :- G.A.,Pradeep Saxena
Hon'ble Dinesh Kumar Singh-I,J.
Sri Pradeep Saxena, Advocate has filed his vakalatnama on behalf of informant and the same is taken on record.
Heard Sri Jalaj Kumar Tripathi, learned counsel for the applicant, Sri Pradeep Saxena, learned counsel for the informant and Sri G.P. Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No.27 of 2020, under Section 363, 366, 376(2)N I.P.C. and Section 5L/6 POCSO Act, P.S. C.B. Ganj, District Bareilly, during pendency of the trial.
As per F.I.R. lodged by Smt. Shaheen, the prosecution case is that, her minor daughter, Shabana aged about 15 years was being teased by the accused-applicant regarding which information was given to police station but a compromise was got effected on condition that he (applicant) would not repeat any such activity. Thereafter, on 28.12.2019 at about 7:00 p.m. her (informant's) daughter had been abducted by the applicant along with other co-accused named in the F.I.R., who are six in number and later on, the informant came to know that without getting her religion converted, applicant married with her (informant's) minor daughter in Aarya Samaj and also the family members of the applicant were threatening the informant and her daughter.
Submission made by learned counsel for the applicant is that in medical examination her age is said to have been found 18 years and in the statement of informant's daughter recorded under Section 164 Cr.P.C., she herself stated that she was married with the applicant and living his life; she is pregnant and would like to live in sasuraal. Their marriage certificate is also annexed at page no.35 of the paper book. The accused- applicant has no criminal history; he is in jail since 06.08.2020; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail. Learned counsel for the informant has argued that the age of victim is 15 years, as her date of birth is recorded as 10.10.2005 and the age of the victim is recorded from transfer certificate of class-III, a photocopy of which is taken on record.
Looking to the fact that the victim herself had gone on her own free will and her radiological age is above 18 years, taking into consideration the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant- Suraj involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 5.1.2021 Saif