Allahabad High Court
Karam Veer Yadav vs State Of U.P. on 1 August, 2019
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- BAIL No. - 7391 of 2019
Applicant :- Karam Veer Yadav
Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijayendra Prakash Tripat,Sameer Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No. 86 of 2019, under Sections 363, 366, 376, 120B I.P.C and Section 3/4 & 16/17 POCSO Act, Police Station Haiderganj, District Faizabad, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 27.05.2019. It is further submitted on behalf of applicant that the applicant has no relation with the present accusation and he further submitted that as per the prosecution case the prosecutrix was recovered on 11.04.2019 and her statement under 161 Cr.P.C. was recorded on 11.04.2019 and she stated that about 4 to 5 months prior she came in contact with Shobhit Lal Singh and the applicant thereafter she was regularly in touch with the Shobhit Lal Singh and on 24th March, 2019 she went on her own and when she saw her maternal-uncle in the market then she tried to hide herself, thereafter, she went with the Shobhit Lal Singh from Faizabad to Lakhimpur Khiri and made physical relations on her own will and she was keen to solemnize marriage with the Shobhit Lal Singh. The statement of prosecutrix was recorded under Section 164 Cr.P.C. in which she alleged that all the persons kidnapped her and on the insistence of Preeti Pandey forcibly physical relation were made without consent, the content of the statement under Section 164 Cr.P.C. was examined by the investigating officer and recorded her statement which is appended Annexure- 6 to the petition in which the question no. 2 was replied by the prosecutrix and stated that through Preeti Pandey she met with Shobhit Lal Singh and thereafter she made relationship but she does not want to solemnize marriage with Shobhit Lal Singh and she further stated that Preeti Pandey forced her to solemnize marriage with Shobhit Lal Singh and she further stated that she went with the Shobhit Lal Singh on her own and she wrongly mentioned in the statement of 161 Cr.P.C. that police recovered her from Lakhimpur Khiri but the correct fact is that she was recovered along with Shobhit Lal Singh from Takminganj Bridge and she is aged about 16 years, in these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Karam Veer Yadav be released on bail in Case Crime No. Case Crime No. 86 of 2019, under Sections 363, 366, 376, 120B I.P.C and Section 3/4 & 16/17 POCSO Act, Police Station Haiderganj, District Faizabad, on his/their furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 1.8.2019
Israr
