Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the age of the victim as per medical report is 18 years and as per Class VIII mark-sheet the date of birth of the victim is 15.06.2001 as affirmed by the learned AGA. On the date of incident dated 05.05.2019 she was above 18 years of age. From the first information report it is clear that victim went with the applicant along cash and jewellery. Father of the victim has lodged the first information report on 08.08.2019 when she has eloped with the applicant on 05.08.2019. In the statement of the victim under Section 164 Cr.P.C she has stated that she left her house on 03.08.2019 for the purpose of getting medicine and she was abducted by the applicant and co-accused, Daula. It has been submitted that the first information report has been lodged on the basis of incorrect allegations. The victim is major and she willingly eloped with the applicant. At no point of time she raised an alarm or cried for help when she was abducted and she remained in the custody of the accused. The applicant is in jail since 30.08.2019 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and 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, Teetu Raghav, involved in Case Crime No.204 of 2019, under Sections 366, 376, 120-B, 406 IPC, Police Station Chhatari, District- Bulandshahr 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 them 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 17.12.2019 SS