Allahabad High Court
Vijay @ Ankur vs State Of U.P. And 3 Others on 1 May, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15623 of 2023 Applicant :- Vijay @ Ankur Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ravi Shankar Yadav Counsel for Opposite Party :- G.A.,Yogesh Kumar Tiwari Hon'ble Sameer Jain,J.
1. Heard Sri Mahesh Kumar Tripathi, Advocate holding brief of Sri Ravi Shankar Yadav, learned counsel for the applicant, Sri Yogesh Kumar Tiwari, learned counsel for the informant and Sri Amit Kumar Shukla, learned Brief Holder for the State.
2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 277 of 2018 (Sessions Case No. 219 of 2023), under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station Sajeti, District Kanpur Nagar during pendency of the trial.
3. FIR of the present case was lodged on 14.11.2018 under Sections 363, 366 IPC against applicant and his mother and according to the FIR applicant has enticed away the minor daughter of the informant aged about 16 years on 03.11.2018 and at the time of departure her daughter also taken away jewelries and Rs. 25,000/- from home.
4. Learned counsel for the applicant submitted that entire allegation made against the applicant in the FIR is totally false and baseless and in fact, daughter of the informant at the time of departure from her home was not minor but was above 18 years of age and she had gone along with applicant according to her own wish and both applicant and victim loved each other. He next submits that they performed marriage with each other and started living as husband and wife and when after four years in the year 2022 victim was recovered then her statements under Sections 161 Cr.P.C. and 164 Cr.P.C. were recorded and she categorically stated in both the statements that she had already performed marriage with the applicant and is living with him as his wife. He further submits that with the wedlock of applicant and victim one child was also born, therefore, considering the facts and circumstances of the case he may be enlarged on bail.
5. Per contra, learned AGA although opposed the prayer for bail but could not dispute the fact that at present victim is major lady aged about 20 years and she had performed marriage with the applicant and living with him as his wife and from the wedlock of applicant and victim one child was also born.
6. Learned counsel for the informant also conceded the fact that victim and applicant have performed marriage with each other and victim is his legally wedded wife and with their wedlock one child has also born and informant of the case is having no objection if applicant be enlarged on bail.
7. I have heard learned counsel for the parties and perused the record of the case.
8. Although, from the perusal of the record, it appears that at the time when victim had gone along with applicant then she was around 16 years of age but she was recovered after four years and at the time of recovery she was around 20 years old major girl and when her statements under Sections 161 Cr.P.C. and 164 Cr.P.C. were recorded then she categorically stated that she had gone along with applicant and performed marriage with the applicant and from the record it further reflects that from the wedlock of the applicant and victim one child has also born.
9. The informant of the case is also not having any objection if applicant be released on bail as his daughter has performed marriage with the applicant and at present she is wife of applicant and has become mother.
10. Therefore, from the discussion made above, in view of this Court, it is a fit case to release the applicant on bail.
11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
12. Let the applicant - Vijay @ Ankur be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
13. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
14. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 1.5.2023 AK Pandey