Neeraj Kumar v. State of U.P. and 3 Others

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48268 of 2023 Applicant :- Neeraj Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Lakshman Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Shri Amar Nath Vishwakarma, learned A.G.A. for the State-respondent apprise the Court that on 19.10.2023, notice has been served to the informant. Despite service of notice, none appeared on behalf of the informant to oppose this application for bail.

¶2Heard Shri Lakshman Tripathi, learned counsel for the applicant and ShriShri Amar Nath Vishwakarma, learned A.G.A. for the State-respondent.

¶3The instant application has been filed seeking release of the applicant on bail in Case Crime No.121 of 2023, under Sections 363, 366, 376 IPC & Sections 3/4 POCSO Act, Police Station Shivpur, District Varanasi, during pendency of the trial in the court below.

¶4FIR of the present case was lodged against Chhotu S/o Mahendra on 21.03.2023, under Sections 363, 366 I.P.C. and according to the FIR, nominated accused enticed enticed away the minor daughter of the informant aged about 15 years.

¶5Learned counsel for the applicant submits that during investigation applicant has been made accused in the present matter but the entire allegations made against applicant are totally false and baseless and actually victim i.e. daughter of the informant is a major girl aged about more than eighteen years and she herself had gone alongwith with the applicant and performed marriage with the applicant and this fact is evident from her both the statements recorded under Sections 161 and 164 Cr.P.C. He further submits that according to the victim, she was an illiterate girl and as per the doctor, her radiological age is about 17-18 years.

¶6He next submits that applicant is also aged about nineteen years and it appears to be a case of love affair.

¶7He further submits that applicant is not having any criminal history and he is in jail in the present matter since 04.04.2023 i.e. for more than six months, therefore, he may be released on bail.

¶8Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that victim in her both the statements recorded under Sections 161 and 164 Cr.P.C., stated that she herself had gone alongwith the applicant and performed marriage with him. He further could not dispute the fact that victim is an illiterate girl and according to the doctor, her radiological age is about 17-18 years.

¶9I have heard learned counsel for both the parties and perused the record of the case.

¶10Even radiological age of victim is about 17-18 years and she in her both the statements recorded under Sections 161 and 164 Cr.P.C., stated that she herself had gone alongwith the applicant and performed marriage with him, therefore, it appears to be a case of love affair, therefore, in my view, applicant is entitled to be released on bail.

¶11Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶12Let the applicant-Neeraj Kumar, 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.

¶13In 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.

¶14It 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 Zafar High Court of Judicature at Allahabad