Arbaj v. State of U.P. and 3 Others

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48754 of 2023 Applicant :- Arbaj Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Yashpal Yadav,Lalji Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Sri Kunwar Tejendra Bahadur, learned AGA for the State apprised the Court that on 19.10.2023 notice has been served to the informant of the case. Despite service of notice, none appeared on behalf of the informant.

¶2Heard Sri Yashpal Yadav, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA for the State-respondent.

¶3The instant application has been filed seeking release of the applicant on bail in Case Crime No. 94 of 2023, under Sections 363, 366, 376 IPC & 3/4 POCSO Act, Police Station-Akbarpur, District-Kanpur Dehat, during pendency of the trial in the court below.

¶4FIR of the present case was lodged against the applicant and others under Sections 363, 366 IPC and according to the FIR, applicant enticed away the daughter of the informant aged about 16 years.

¶5Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and actually victim herself had gone alongwith the applicant and she had performed marriage with him and this fact is even evident form both the statements of the victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C.

¶6He further submitted that even as per the school record, at the time of incident victim was about 17 years' old and during investigation her ossification test was also conducted and as per the ossification test report, she was around 23 years' old at the time of incident, therefore, it appears that she was major. He further submitted that even victim of the case herself is the deponent of the present case.

¶7He further submitted that applicant is not having any criminal history and he is in jail since 06.06.2023.

¶8Per contra, learned AGA although, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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

¶10From the record, it reflects that victim in her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. stated that she herself had gone alongwith the applicant and also performed marriage with him.

¶11Further, even as per the school record of the victim, at the time of incident her age was around 17 years and as per the ossification test report, she was around 23 years' old. Further, victim herself is the deponent of the present case, therefore, it appears to be a case of love affair.

¶12Further, applicant is not having any criminal history and he is in jail since 06.06.2023.

¶13Law is settled that bail application of accused should not be dismissed either for punitive or for preventive purposes.

¶14Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

¶15Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶16Let the applicant-Arbaj 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.

¶17In 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.

¶18It 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 :- 23.11.2023 KK Patel High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad