HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- BAIL No. - 10670 of 2015 Applicant :- Man Singh Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Sharad Nandan Ojha Counsel for Opposite Party :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no. 79 of 2013, under Sections 363, 366, 376Jha I.P.C. and section 3/4 The Protection of Children From Sexual Offences Act, 2012, P.S. Hathigawan, district-Pratapgarh, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the prosecutrix Khushboo Singh in her statement recorded under Section 164 Cr.P.C. (annexure-5) has categorically stated that she is aged about nineteen years and she was in love with the applicant, Man Singh Yadav for the last more than four years. She had left her parental home on her own accord with the applicant and solemnized marriage with him in Pune voluntarily and she has a fifteen months' old daughter from her marriage with the applicant. He next submitted that the prosecutrix having denied the prosecution case in her statement recorded under Section 164 Cr.P.C. it can not be said that the applicant has committed any offence especially in view of the fact that there is no evidence on record indicating that she is minor.
He lastly submitted that the applicant has no criminal antecedent to his credit and is in jail since 9.10.2015 is entitled to be enlarged on bail during the pendency of trial.
Per contra learned AGA opposed the prayer for bail.
Considering the submissions made by learned counsel for the applicant as well as learned AGA and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.
In view of the above, let the applicant- Man Singh Yadav 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 in case crime no. 79 of 2013, under Sections 363, 366, 376Jha I.P.C. and section 3/4 The Protection of Children From Sexual Offences Act, 2012, P.S. Hathigawan, district-Pratapgarh with the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him;
(b) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 24.11.2015 Faridul