Allahabad High Court
X Minor Of Case Crime No. 126/2024 vs State Of U.P. Thru. Prin. Secy. Home ... on 21 March, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:16532
Court No. - 15
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2023 of 2024
Applicant :- X Minor Of Case Crime No. 126/2024
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 4 Others
Counsel for Applicant :- Om Prakash Tiwari,Mohd. Nafeesh Quraishi
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Mohd. Nafeesh Quraishi, learned counsel for the applicant and Sri Rajiv Kumar Verma, learned AGA for the State and perused the records.
2. The instant application has been filed by the applicant seeking anticipatory bail in FIR bearing Case Crime No. 126 of 2024, under Sections 363, 366, 376 IPC & 3/4 POCSO Act, Police Station Paraspur, District Gonda.
3. The applicant was granted interim anticipatory bail by means of the following order passed on 04.09.2024:-
"1. The present anticipatory bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.126 of 2024 under sections 363, 366, 376 I.P.C., 3/4 POCSO Act, P.S. Paraspur, district Gonda.
2. Heard learned counsel for the applicant who is permitted to delete the respondent No.2 from the array of parties, during course of day, and learned Additional Government Advocate for the State.
3. It is alleged in the prosecution case that daughter of the complainant aged about 18 years has been enticed away by the applicant on 29.3.2024 at about 6.00p.m. with an intent to marry. In this offence, the co-accused persons have assisted the applicant.
4. Learned counsel for the applicant submits that the victim was recovered on 2.4.2024. In her statement under section 161 CrPC, she has admitted that she was in relationship with the applicant for the period of three years. She has further stated that she on her own accord went away with the applicant without telling any one at home. However, while giving statement under section 164 CrPC, the victim has made improvement, however, she stated that she went away with the applicant and no physical relationship has been made between the duo. Radiological examination of the victim has not been got conducted by the prosecution. In the medical, no corroborative evidence has been found.
5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. He submitted that the hymen of the victim was ruptured. He, on the basis of case diary, submits that the victim is minor being her date of birth as 8.6.2008.
6. A perusal of the record shows that the father who is the complainant himself has stated in the first information report that the victim is 18 years old. There can be no better evidence for determining the age of the victim.
7. Issue notice to respondent No.3.
8. List on 26.9.2024. Objections/counter affidavit be filed, in the meantime.
9. Considering the above aspects of the matter, perusal of the record, judgment in Mohammad Zaid versus State of U.P. and another Criminal Misc. Anticipatory Bail No.8361 of 2020 and other connected matters, paried statements of the victim under sections 161 and 164 CrPC, and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.
10. Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.
The applicant shall cooperate in the investigation and he will not influence the witnesses. The accused-applicant shall report to the concerned police station/investigating officer within twenty days from today and will remain present as and when the arresting officer /I.O./ S.H.O. concerned call (s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.
11. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection"
4. The State has filed a counter affidavit annexing therewith copies of the material collected during investigation. Office has reported on 03.10.2024 that notice issued to the opposite party no. 3 stands served but he has not put in appearance before the Court to oppose the anticipatory bail application. No material has come to light which may conflict the Court to take a view different from the view taken while passing the interim order dated 23.07.2024.
5. In view of the aforesaid facts, the interim order dated 23.07.2024 is made absolute. The anticipatory bail application stands allowed in terms of the aforesaid interim order.
.
(Subhash Vidyarthi, J.)
Order Date :- 21.3.2025
Pradeep/-
