Allahabad High Court
Kartik Kushwaha vs State Of U.P. And 3 Others on 30 August, 2022
Author: Ajit Singh
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32272 of 2022 Applicant :- Kartik Kushwaha Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Chandra Prakash Misra,Sushil Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ajit Singh,J.
Despite service of notice, none is present on behalf of the informant.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 75 of 2021, under sections 363, 366, 376 I.P.C. and section 3/4 Protection of Children from Sexual Offences (POCSO) Act, P.S. Brwapatti, district-Kushinagar, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant against the present accused and other co-accused Saheb Hussain about enticement of his minor daughter, aged about fifteen years.
Learned counsel for the applicant submits that the alleged victim is major and she in her statement recorded under section 164 Cr.P.C. (Annexure-6) has categorically stated that she was in love with the applicant and she left her parental home on her own accord and gone with the applicant to Delhi and solemnized court marriage with him, copy whereof has been filed as Annexure-2 to the affidavit accompanying bail application. He lastly submits that the applicant has no criminal history and he is languishing in jail since 3.4.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the statement of the victim recorded u/s 164 Cr.P.C., considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Kartik Kushwaha involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 30.8.2022 Faridul