Research › Search › Judgment

Allahabad High Court · body

2017 DIGILAW 854 (ALL)

Rashid @ Tillu v. State of U. P.

2017-03-24

RAM SURAT RAM (MAURYA)

body2017
JUDGMENT : Ram Surat Ram (Maurya), J. 1. Heard Sri Naushad Ahmad and Sri Mohd. Monis counsel for the applicant, Sri H.N. Shukla along with Sri R. R. Shukla for the complainant and A.G.A. for State of UP. Counsel for the applicant submits that the applicant Rashid @ Tillu is in jail since 20.1.2017 in Case Crime No. 0103 of 2017, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Kotwali Nagar, Distt. Muzaffarnagar. 2. The FIR of the incident was lodged on 13.1.2017 at 17:40 hours. According to the FIR, the applicant along with other co-accused has enticed the daughter of the complainant and have taken her in the night of 12/13.1.2017. The victim was recovered on 13.1.2017. Her statement under Section 161 Cr P C was recovered on 14.1.2017 as well as her statement under Section 164 Cr P C was recorded on 18.1.2017. In both her statements, she had stated that she is in love relation with the applicant and voluntarily went with the applicant. In the medical examination report of the victim, her age has been found about 20 years. The counsel for the applicant submits that victim was consenting party and she was major at the time of incident as such the applicant had not committed any offence. 3. On the other hand counsel for the first informant has produced a copy of educational certificate issued from Ekra Public School, before this Court in which her date of birth has been shown as 3.7.2002. According to that educational certificate, she was only 15 years and 06 months old at the time of incident. He further submits that victim was minor at the time of occurrence as such she was not consenting party on the eye of law. Thus the applicant is liable to be convicted in this case. 4. AGA has opposed the prayer for bail. 5. The trial court after considering the evidences of both the parties will determine the age of the victim but at present from the medical report age of victim has come about 20 years. Thus keeping in view of the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the counsel for the parties and without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. Thus keeping in view of the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the counsel for the parties and without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant Rashid @ Tillu involved in Case Crime No. 0103 of 2017, under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Kotwali Nagar, Distt. Muzaffarnagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to following conditions:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 7. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.