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Allahabad High Court · body

2015 DIGILAW 1757 (ALL)

Riazuddin @ Riazu v. State of U. P.

2015-07-06

BACHCHOO LAL

body2015
JUDGMENT Bachchoo Lal, J. Sri Vidyakant Tripathi, Advocate has filed vakalatnama on behalf of the complainant be taken on record. 2. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A and perused the record. 3. Learned counsel for the applicant submits that in the medical report the age of the victim has been shown about 19 years and at the time of the alleged incident the victim was major. In her statement recorded under section 164 Cr.P.C the victim has clearly stated that she has solemnized her marriage with the applicant on own sweet will and she has expressed her wish to live with the applicant. The applicant had not committed the alleged offence. There is no criminal history of the applicant and he is in jail since 26.5.2015. 4. Per contra, learned A.G.A as well as learned counsel for the complainant have opposed the prayer for bail and argued that as per school certificate the victim was minor at the time of alleged incident. Therefore, the applicant is not entitled for bail. 5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail. 6. Let the applicant Riazuddin @ Riazu involved in Case Crime No. 156 of 2015, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, P.S. Bhadohi, District Bhadohi be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: - 1. The applicant will not tamper with the evidences. 2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial. 3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned. 7. In case of breach of any conditions mentioned above, the trial court shall at liberty to cancel the bail of the applicant.