Golu Kumar Bharti v. State of U.P. and 3 Others

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50414 of 2023 Applicant :- Golu Kumar Bharti Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anurag Rai Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Sri Imran Khan, learned AGA for the State apprised the Court that notice has been served upon the informant on 18.11.2023. Despite service of notice none present on behalf of the informant.

¶2Heard Sri Anurag Rai, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State.

¶3The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 194 of 2023, under Sections 363, 366, 376 IPC and 5/6 POCSO Act, Police Station Bansgaon, District Gorakhpur during pendency of the trial.

¶4FIR of the present case was lodged against unknown person and according to the FIR sister of the informant aged about 17 years had gone somewhere from her house.

¶5Learned counsel for the applicant submitted that nobody was named in the FIR but when the statement of victim was recorded during investigation then applicant was made accused in the present matter.

¶6He further submits that victim in her both the statements stated that she is major and she according to her own wish had gone along with applicant and performed marriage with him and also conceived with him but during investigation, Investigating Officer procured the school record of the victim and according to the school record at the time of incident victim was 17 years 9 months old, therefore, applicant has been made accused in the present matter under the provisions of POCSO Act.

¶7He further submits that apparently it appears to be a case of love affair. He further submits that applicant is not having any criminal history and in the present matter he is in jail since 10.08.2023.

¶8Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that even as per school record victim was around 18 years old and she in her both the statements recorded during investigation did not state anything against the applicant and categorically stated that she performed marriage with him and also conceived with him.

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

¶10Considering the fact that victim is about 18 years old and she in her both the statements recorded during investigation stated that she herself had gone along with applicant and performed marriage with him and also conceived with him, 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 -Golu Kumar Bharti 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 :- 6.12.2023 AK Pandey High Court of Judicature at Allahabad