Dhrup Chand v. State of U.P.And 3 Others

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43320 of 2023 Applicant :- Dhrup Chand Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Alauddin,Fakhruddin Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Sri Imran Khan, learned AGA, for the State, submits that notice has been served to the informant of the case on 7.10.2023.

¶2Despite service of notice, none appeared on behalf of the informant.

¶3Heard Sri Alauddin, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State.

¶4The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.127 of 2023, under Sections 363 and 376 IPC and Section 3/4 POCSO Act, Police Station Kotwali Bansi, District Siddharth Nagar during pendency of the trial.

¶5FIR of the present case was lodged against the applicant and his family members and according to the FIR, on 7.5.2023 applicant enticed away the daughter of the informant aged about 16 years.

¶6Learned counsel for the applicant submits that entire allegation made against the applicant is totally false and baseless and actually victim is a major aged about more than 18 years and she according to her own wish had gone along with applicant and had already performed marriage with him and these facts are evident from the record including the statements of the victim recorded under Sections 161 and 164 Cr.P.C.

¶7He further submits that although as per school record at the time of incident victim was around 16 years old but according to CMO concerned her radiological age was around 19 years and, therefore, she appears to be major.

¶8He further submits that appearance wise victim looks like a major girl aged about more than 18 years.

¶9He further submits that it is a case of love affair and earlier also victim had gone along with the applicant.

¶10He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since

28.7.2023.

¶11Per contra, learned AGA opposed the prayer for bail and submits that as according to school record victim was around 16 years old, therefore, her consent is immaterial. However, he fairly conceded that as per CMO concerned victim was around 19 years old.

¶12I have heard learned counsel for the parties and perused the record of the case.

¶13Although from the school record it appears that victim was around 16 years old but as per ossification test report she was around 19 years old.

¶14Further, victim in her both the statements recorded under Sections 161 and 164 Cr.P.C. categorically stated that she herself had gone along with applicant and also performed marriage with him.

¶15Further, it appears to be a case of love affair and law is settled that bail application should not be dismissed either for punitive or preventive purposes.

¶16Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

¶17Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶18Let the applicant-Dhrup Chand be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶19In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶20It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 27.10.2023 SKM High Court of Judicature at Allahabad