Allahabad High Court
Hansraj S/O Baba Mahavat @Baba Lal vs State Of U.P. Thru Prin Secy Home ... on 16 August, 2022
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8172 of 2022
Applicant :- Hansraj S/O Baba Mahavat @Baba Lal
Opposite Party :- State Of U.P. Thru Prin Secy Home Lko And 3 Others
Counsel for Applicant :- Suhail Kashif,Rajesh Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Learned counsel for informant filed short counter affidavit today is taken on record.
Heard Sri Rajesh Kumar, learned counsel for the applicant, Sri Sudhir Kumar, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 183 of 2022, under Sections 363, 366, 376 I.P.C. and Section 3/4 of P.O.C.S.O. Act, Police Station Jaidpur, District Barabanki.
While pressing the bail application, learned counsel for the applicant submitted that the applicant been falsely implicated in the instant case. As per the contents of the F.I.R., the applicant enticed away the daughter of the informant as such initially, the F.I.R. was lodged under Section 363 & 366 I.P.C. After being recovered, the statement of the victim was recorded. As per this statement, the victim at the relevant time was of 18 years of age and the victim and applicant were having affair and the victim married with the applicant at Allahabad out of her own free volition. Further submitted that in the same terms, the victim stated before the court concerned while recording her statement under Section 164 Cr.P.C.
It is next submitted that based upon the age on which prosecution is placing reliance as also statement of victim that she solemnized marriage with the applicant and stayed as husband and wife, the prosecution added 376 I.P.C. and 3/4 of P.O.C.S.O. Act.
It is further submitted that as per the statement of victim herself, earlier the parents of victim were not ready to marry her with the applicant, however, it is evident from the content of para no. 4 of the short counter affidavit on behalf of informant/complainant that now they are ready to fulfill the wishes of the victim.
It is further submitted that the victim had refused to get herself medically examined. In these circumstances, the applicant is entitled to be released on bail.
Learned counsel for the applicant stated that as per own admission, the victim at the relevant time was 18 years of age, thus, there is dispute in relation to the age of victim, as such, at this stage of bail, the benefit of pronouncements of Apex Court as well as of this Court in regard to determination of age shall be extended in favour of the applicant. In this regard, reliance has been placed on the judgment dated 03.08.2018 passed in HABEAS CORPUS No. 21284 of 2018 (Deepa through her next friend Mithun v. State of U.P. and others).
He further stated that the applicant is languishing in jail since 29.05.2022 and he has no criminal history and trial is not proceeding as required under Section 35 of the POCSO Act.
Learned A.G.A. opposed the prayer for grant of bail and submitted that the victim was minor at the relevant time and consent of a minor has no relevance in the eyes of law, however, he could not dispute the above contention made by the learned counsel for the accused-applicant.
Considering the above facts and circumstances of the case, argument of learned counsel for the applicant with regard to the age of the victim and facts related to performing the marriage with the victim, statement of victim under Section 161 & 164 Cr.P.C. and the fact that victim refused the medical examination as also the content of para no. 4 of the short counter affidavit and without entering into the merit of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Hansraj be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish 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 date fixed.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
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 :- 16.8.2022
VPS
