Shahid vs State Of U.P.
2014 Latest Caselaw 6103 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 54
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29092 of 2014
 

 
Applicant :- Shahid
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Surendra Kumar
 
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. 98 of 2014, under Sections 363, 366, 376, 506 and 3/5 Protection of Children from Sexual Offences Act,  P.S. Meja, District Allahabad is seeking enlargement on bail during the trial.

Learned counsel for the applicant submitted that the prosecutrix Ruby as per medical  opinion is major. She in her statement recorded under Section 164 Cr.P.C.  (Annexure-4) has denied the prosecution case as spelt out in the FIR, which was lodged after an inordinate and unexplained delay for more than four months by her brother. From the perusal of the facts stated by her her in her statement recorded under Section 164 Cr.P.C., it appears that she was a consenting party who had eloped with applicant's brother  Sonu on her own accord and solemnized marriage with him in Delhi. He next submitted that the applicant who is jail since 16.07.2014 and has no criminal antecedent to his credit is entitled to be enlarged on bail during the pendency of trial.

Per contra learned AGA oppose 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- Shahid 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. 98 of 2014, under Sections 363, 366, 376, 506 and 3/5 Protection of Children from Sexual Offences Act,  P.S. Meja, District Allahabad 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 :- 8.9.2014

Abhishek Sri.