Pyare Lal Bind vs State Of U.P.
2011 Latest Caselaw 4743 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22661 of 2011
 

 
Petitioner :- Pyare Lal Bind
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Jagat Mohan Bind
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ashok Srivastava,J.

This bail application has been moved on behalf of applicant Pyare Lal Bind who is involved in Case Crime No. 1163 of 2011, under Sections 363, 366, 376 I.P.C., Police Station Kotwali Sadar, district Ghazipur.

According to the F.I.R. lodged by the complainant Nand Lal, his minor daughter was enticed away by the applicant on 15.4.2011 at about 7.00 P.M. During the course of investigation, the girl was recovered and the applicant was arrested. The girl was produced for her medical examination where it was was found that her age is between 17 ? 18 years. She was produced before the learned Magistrate for her examination under Section 164 Cr.P.C. which was recorded.

Heard learned counsel for the applicant and learned A.G.A. and perused the materials available on the record.

It has been submitted by learned counsel for the applicant that the applicant is in jail since 21.4.2011; that from the perusal of medical report the age of the girl could be 19 ? 20 years. It has further been submitted that from the perusal of statements of the prosecutrix under Section 164 Cr.P.C. it is evident that she had married with the applicant of her sweet will.

Learned A.G.A. has vehemently opposed the bail application by saying that the girl is a minor and the applicant has committed rape upon her.

Fro,m perusal of the medical report of the prosecutrix it is evident that on the date of her ossification test she was 17 ? 18 years of age which could be 19 ? 20 years also. From the perusal of her statement under Section 164 Cr.P.C. it is evident that the applicant did not entice away and she had gone alongwith him of her sweel will.

Considering all the aspects of the case but without expressing any opinion as to the merits of the case, I am of the view that the applicant should be released on bail.

Let the applicant, Pyare Lal Bind, involved in Case Crime No. 1163 of 2011, under Sections 363, 366, 376 I.P.C., Police Station Kotwali Sadar, district Ghazipur be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.

Order Date :- 20.9.2011

S.B.