BA1/611/2022
2022 Latest Caselaw 1251 UK

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                                  BA1 No. 611 of 2022

                                  Hon'ble N.S. Dhanik, J.

Mr. Bhuwan Bhatt, learned counsel for the applicant.

Mr. V.S. Rathore, learned A.G.A. for the State.

This is first bail application moved by the applicant who is in jail in connection with Case Crime No. 808 of 2021, offences punishable under Sections 363 & 366-A IPC, registered at P.S. Bhagwanpur, District Haridwar.

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 21.12.2021. He further submits that the applicant had never kidnapped the daughter of the informant and as per the Adhar Card, victim was major at the time f incident aged about 19 years. He also submits that the daughter of the informant has not supported the prosecution story in her statements under Section 161 & 164 Cr.P.C. He further submits that applicant accepted the proposal of the daughter of the complainant and visited at SIDCUL Haridwar with her for searching employment for her. Furthermore, the complainant has neither mentioned in the FIR that her daughter is minor nor mentioned her date of birth. Learned counsel for the applicant submits that the offences under Sections 363 & 366-A IPC are not made out against the applicant, in order to buttress his argument, he relied upon the judgment of the Hon'ble Supreme Court in case of Mafat Lal & another v. State of Rajasthan; reported in SCC Online SC 433.

Learned State Counsel opposed the bail application by contending that there are credible evidences available against the applicant. Furthermore, according to the school certificate victim was minor at the time of incident.

Considering the submission of learned counsel for the parties; also the considering the law laid down by the Hon'ble Supreme Court in case of Mafat Lal & another v. State of Rajasthan (supra) & 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.) 20.04.2022 AK