BA1/1855/2021
2021 Latest Caselaw 2958 UK

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                                  BA1 No. 1855 of 2021

                                  Hon'ble N.S. Dhanik, J.

Mr. Abhishek Verma, learned counsel for the applicant.

Mr. S.S. Adhikari, learned Deputy Advocate General for the State. This is first bail application moved by the applicant who is in jail in connection with FIR No. 72 of 2021, offences punishable under Sections 363, 366 & 376 IPC and Section 3/4 of the Protection of Children from Sexual Offence Act, 2012, registered at PS Transit Camp, District Udham Singh Nagar.

Heard learned counsel for the parties and considered the grounds taken up in the bail application. Learned counsel for the applicant submits that applicant has falsely been implicated in the instant crime and is languishing in jail since 22.03.2021. He also submits that the alleged victim was not minor at the time of the alleged incident and as per the Adhar Card, her real date of birth is 08.07.2001 and the parents of the victim just for the future respect had mentioned her date of birth in the school record is 08.07.2003. He further submits that the applicant and victim got married on 28.02.2021 as per Hindu rites and rituals. He also submits that the victim in her statement recorded under Section 164 Cr.P.C. stated true facts before the concerned Magistrate about their relations and marriage. Learned Counsel further placed reliance on the judgment of Hon'ble High Court of Himachal Pradesh At Shimla in the case of "Ashish Kumar v. State of H.P. & others" decided on 27.04.2021.

Victim is present in the Court today and submits that she in her statement recorded under Section 164 Cr.P.C. stated that the applicant has not committed any crime and the alleged victim and the applicant are husband and wife. Further, she submits that she wants to live with the applicant and his family and she has no objection, if the applicant is released on bail.

Learned State Counsel opposed the bail application on the ground that at the time of alleged incident, victim is minor i.e. about 17 years 07 months and her consent has no value.

Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage.

The bail application is allowed. Let the applicant be released on bail, on executing a personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned.

(N.S. Dhanik, J.) 10.08.2021 AK