Rahul Yadav v. State of U.P. and 3 Others

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49358 of 2023 Applicant :- Rahul Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashwani Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Sri Shatruhan Yadav, learned AGA for the State apprised the Court that notice has been served upon the informant on

10.11.2023. Despite service of notice, none present on behalf of the informant.

¶2Heard Sri A.K. Pathak, learned counsel for the applicant and Sri Shatruhan Yadav, learned AGA for the State.

¶3The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 10 of 2022, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station Gauri Bazar, District Deoria during pendency of the trial.

¶4FIR of the present case was lodged against applicant and according to the FIR applicant enticed away the daughter of the informant aged about 16 years.

¶5Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter. He further submits that actually victim and applicant both loved each other and they have performed marriage with each other and with the wedlock of the victim and applicant, a child was also born. He further submits that all these facts are evident from the statements of the victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. He further submits that even victim herself is deponent in the present application.

¶6He further submits that even as per school record victim was around 18 years old and applicant is not having any criminal history and in the present matter he is in jail since 24.03.2023 i.e. for more than six months.

¶7Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

¶8I have heard learned counsel for the parties and perused the record of the case.

¶9Considering the fact that even as per school record victim was of around 18 years and she in her both the statements recorded during investigation stated that she had already performed marriage with the applicant and with the wedlock of applicant and victim, a child was also born, in my view, applicant is entitled to be released on bail.

¶10Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶11Let the applicant -Rahul Yadav 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.

¶12In 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.

¶13It 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 :- 21.11.2023 AK Pandey High Court of Judicature at Allahabad