Vivek Sharma v. State of U.P. and 3 Others

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53453 of 2022 Applicant :- Vivek Sharma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Awadhesh Kumar Malviya,Rajesh Kumar,Vinod Kumar Counsel for Opposite Party :- G.A.,Kashi Nath Singh Yadav Hon'ble Sameer Jain,J.

¶1Heard Sri Rajesh Kumar, learned counsel for the applicant, Sri Kashi Nath Singh Yadav, learned counsel for the informant and Sri Pradeep Kumar, learned AGA for the State.

¶2The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 104 of 2022, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station Karanda, District Ghazipur during pendency of the trial.

¶3FIR of the present case was lodged against applicant and according to the FIR applicant enticed away the daughter of the informant.

¶4Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and actually victim i.e. daughter of the informant is major girl and applicant and victim both were having love affair and she herself had gone along with applicant and also performed marriage with him but subsequently some dispute arose between both of them and thereafter she left the company of the applicant and again join the company of her parents.

¶5He further submits that the fact of marriage has also been admitted by the victim in her both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C.

¶6He further submits that even as per school record victim is about 17 years 11 months old and according to her ossification test report she is about 18 years old, therefore, it appears that she was major.

¶7He further submits that applicant is not having any criminal history and in the present matter he is is in jail since 08.07.2022 i.e. for almost one and half years.

¶8Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the fact that victim in her both the statements recorded during investigation herself admitted the fact that she performed marriage with the applicant.

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

¶10Considering the fact that victim was aged about 18 years at the time of incident and she herself admitted the fact that she performed marriage with the applicant in her both the statements recorded during investigation and applicant is not having any criminal history and in the present matter he is in jail for almost one and half years, 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 -Vivek Sharma 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 :- 13.12.2023 AK Pandey High Court of Judicature at Allahabad