Allahabad High Court
Arvind vs State Of U.P. And 3 Others on 6 April, 2023
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45486 of 2022
Applicant :- Arvind
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Dinesh Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Despite service of notice upon the informant/opposite party no. 2, none is present on her behalf.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State.
By means of this application under Section 439 of Cr.P.C., applicant Arvind, who is involved in Case Crime No. 310 of 2022, under Sections 363, 366, 376 IPC and Section 5/6 POCSO Act, police station Manjhanpur, district Kaushambi, seeks enlargement on bail during the pendency of trial.
As per prosecution case, in brief, informant, who is mother of the victim, lodged the first information report of this case against the applicant on 21.06.2022 under Sections 363, 366 IPC making allegation inter alia that on 10.06.2022 at about 08:00 A.M., her minor daughter aged about 16 years was enticed away by the applicant.
Main substratum of argument of learned counsel for the applicant is that the victim was recovered on 22.06.2022 and thereafter, her statements under Section 161 and 164 Cr.P.C. were recorded, in which, she has stated inter alia that she was in touch with the applicant for the last two years on account of love affair between them. On 10.06.2022, she herself went to the house of the applicant and stayed with him for 12 days as husband and wife. Since mother of the victim has lodged the F.I.R., therefore, police apprehended her. It is also pointed out that initially, the victim refused for her medical examination but later on, at the insistence of her father, she was medically examined on 05.08.2022. The applicant does not have any criminal history to his credit. Lastly, it is submitted by the learned counsel for the applicant that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 24.06.2022 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. In support of his contention, learned counsel for the applicant placed reliance upon the judgment of Uttarakhand High Court in the case of Soukeen Vs. State of Uttarakhand, 2017 (1) NCC 295.
Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that the victim is minor child and as per her ossification test report dated 25.06.2022, she was aged about 15-16 years on the date of incident. Referring to the medical examination report of the victim, it is pointed out that her hymen was found torn. After culmination of the investigation, charge-sheet has been submitted under Sections 363, 366, 376 IPC and Section 5/6 POCSO Act.
Having heard learned counsel for the parties and examined the matter in its entirety, I find that although the victim is minor but she in her statements under Section 161 and 164 Cr.P.C. has stated inter alia that she was in touch with the applicant for the last two years and she herself had gone to the house of the applicant where they were living together as husband and wife. The applicant is also aged about 19 years.
Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed.
Let the applicant Arvind, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:-
(i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(ii) That 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.
(iii) That after his release, the applicant shall not involve in any criminal activity.
(iv) The identity, status and residential proof of sureties will be verified by court concerned.
In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail.
Order Date :- 6.4.2023
Shubham
