Allahabad High Court
Vikul vs State Of U.P. And Another on 11 September, 2019
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34996 of 2019 Applicant :- Vikul Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Usha Srivastava,Shantanu Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Vikul, who is involved in Case Crime No. 151 of 2019, under Sections 363, 366, 376 I.P.C. and Section 3/4 Protection of Children From Sexual Offences Act, 2012, P.S. Nehtaur, District Bijnor, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case, which was got registered for offence punishable under Sections 363, 366 I.P.C. read with Section 3/4 POCSO Act on 29.05.2019 for an occurrence of 28.05.2019 upon report of Smt. Kavita Devi against Vikul with this contention that he had enticed and taken Neha, aged about 15 years. She had entered in court marriage with him, but being minor this was not permissible, whereas prosecutrix in her statement recorded under Sections 161 and 164 Cr.P.C. she has categorically said to be under her own volition with accused applicant and married with him. She was major in medical age determination. She was held to be of 19 years. Hence, bail during trial has been prayed for.
Learned counsel for informant as well as learned A.G.A. vehemently opposed the prayer for bail with this contention that date of birth recorded in educational record was 10.06.2003 and prosecutrix was of 15 years. Hence, bail be rejected.
From the perusal of record, it is apparent that prosecutrix in her statement recorded under Sections 161 and 164 Cr.P.C. has levelled no accusation against accused applicant rather she under her own volition had entered in marriage with him. It was a case of consensual fleeing. She has been held to be of 19 years in medical age determination. The educational record are with many dates of birth one is 23.05.2005, the next one is 10.06.2003 and the other one is of year 2000.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Vikul, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 11.9.2019 NS