Allahabad High Court
Golu Singh @ Rahul Singh vs State Of U.P. on 24 November, 2015
Bench: Bala Krishna Narayana
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- BAIL No. - 10658 of 2015
Applicant :- Golu Singh @ Rahul Singh
Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Sharma,Prabhu Sharan
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. 168 of 2015, under sections 363, 366, 376 I.P.C. and section ¾ POCSO Act, 2012, P.S. Bighapur, district-Unnao, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that as per her radiological examination report the prosecutrix Km. Nisha Bano is aged about nineteen years and she in her statement recorded under Section 164 Cr.P.C., copy whereof has been filed as annexure-3 has totally denied the prosecution case and has stated that she had left her parental home on her own accord and entered into sexual relation with the applicant willing by without any coercion or pressure. He further submitted that in view of the above, it is apparent that the prosecutrix is a consenting party and no offence under Sections 363, 366, 376 I.P.C. and section ¾ POCSO Act, 2012 is made out against the applicant.
He lastly submitted that the applicant has no criminal antecedent to his credit and is in jail since 20.08.2015, hence he is entitled to be enlarged on bail during the pendency of trial.
Per contra learned AGA opposed the prayer for bail and submitted that as per her date of birth recorded in her school leaving certificate she is aged about seventeen years and hence she is minor and thus the applicant's prayer for bail is liable to be rejected. In reply learned counsel for the applicant submitted that since there is no proof on record that the school leaving certificate upon which the prosecution has placed reliance in support of its contention that the prosecutrix is minor relates to the first school attended by her, her age as assessed by her radiological examination shall prevail.
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- Golu Singh alias Rahul Singh 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. 168 of 2015, under sections 363, 366, 376 I.P.C. and section ¾ POCSO Act, 2012, P.S. Bighapur, district-Unnao 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
