Sandeep Kannaujia vs State Of U.P.
2019 Latest Caselaw 5757 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24214 of 2019
 
Applicant :- Sandeep Kannaujia
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Sunil Kumar,Mahesh Prasad
 
Counsel for Opposite Party :- G.A.,A.T. Pandey
 

 
Hon'ble Umesh Chandra Tripathi,J.

Heard learned counsel for the applicant, learned A.G.A., and learned counsel appearing for the informant. Perused the record.

This bail application has been moved by the applicant who is involved in Case Crime No. 277 of 2019, under Sections 363, 366, 376 I.P.C., and Section 3/4 POCSO Act, 2012, Police Station-Kotwali, District-Maharajganj.

As per prosecution version, on 2.4.2019 at about 4:00 PM co-accused Preeti Kannaujia called the prosecutrix and took her away. Later on, applicant took away the prosecutrix.

Learned counsel for the applicant contended that the prosecutrix is major. She has gone with the applicant on her own sweet will. Prosecutrix in her statement under Section 164 Cr.P.C., had not made any allegation of rape against the applicant. As per medical report, all epiphysis around the right wrist, right elbow and knee joint forming bone are fused. Accordingly, she is 18 years of age. Applicant is in jail since 9.4.2019 and he has no criminal antecedent.

Learned A.G.A., and learned counsel for the informant have opposed the prayer for bail. Learned counsel for the informant contended that as per school certificate, date of birth of the prosecutrix is 4.7.2002. Accordingly, she is minor. Learned A.G.A., contended that prosecutrix in her statement under Section 161 Cr.P.C., specifically made allegation that the applicant has made sexual relation with her.

As per medical report, age of the prosecutrix is about 18 years. Prosecutrix in her statement under Section 164 Cr.P.C., she has specifically stated that she has gone with the applicant and married with him and she has made no sexual relation with the applicant.

Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant Sandeep Kannaujia, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.

Application stands allowed.

Order Date :- 8.7.2019

Jaswant