Dheeraj Soni vs State Of U.P.
2019 Latest Caselaw 6123 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26520 of 2019
 

 
Applicant :- Dheeraj Soni
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Dharmendra Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Umesh Chandra Tripathi,J.

Heard learned counsel for the parties and perused the record.

By way of instant bail application, prayer has been made to enlarge the applicant on bail in Case Crime No. 53 of 2019, under Sections 363, 366, 376, 506 of I.P.C., Section 5/6 of POCSO Act and Section 3(2)(v) of S.C. & S.T. (P.A.) Act, Police Station - Kotwali, District - Jaunpur.

As per version of the first information report, on 08.01.2019 at about 11.00 A.M., the applicant enticed and took away the prosecutrix, aged about 17 years, a student of Class XII.

Learned counsel for the applicant contended that the prosecutrix is major. She had gone with the applicant on her own sweet will and married with him. The applicant and the prosecutrix have filed a writ petition (Writ - C No. - 4867 of 2019 (Priti Rao and Another v. State of U.P. and 3 Others) against father of the prosecutrix and his family members with the assertion that they have solemnized their marriage. He further contended that the applicant is languishing in jail since 28.02.2019 having no criminal antecedents.

Per contra, learned A.G.A. opposed the prayer for bail and submitted that as per school certificate, date of birth of the prosecutrix is 18.08.2002. Accordingly, she is minor.

The prosecutrix in her statement under Section 164 of Cr.P.C., admitted this fact that she had gone with the applicant on her own sweet will and married with him.

Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.

Let the applicant - Dheeraj Soni be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned.

Application stands allowed with the condition that the applicant shall not attempt to meet the prosecutrix till the date when she attains her majority i.e. 18.08.2020.

It is, however, clarified that in case of breach of the aforesaid condition, the court below shall be at liberty to cancel the bail granted to the applicant by this Court.

Order Date :- 9.7.2019

I. Batabyal