The court's decision to grant bail was based on the age and statement of the alleged victim recorded under section 164 Cr.P.C., without expressing any opinion on the merits of the case.

JUDGMENT :

1. Despite service of notice, none is present on behalf of the informant.

2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

3. By means of this application, the applicant who is involved in Case Crime No. 400 of 2021, under sections 363, 366, 376 I.P.C. and section 3/4 POCSO Act, Gajraula, district-Pilibhit, is seeking enlargement on bail during the trial.

4. The first information report was lodged by the informant against unknown person about disappearance of his daughter on 6.10.2021, alleging therein that on 9.10.2021 the daughter of the complainant had made a phone call to her elder sister and stated that she has solemnized marriage with someone.

5. Learned counsel for the applicant submits that as per radiological examination the alleged victim is aged about 16-17 years. The law is settled that the margin of error in ascertaining the age by radiological examination is two years on either side and hence the possibility of the victim being major cannot be ruled out. Further submission is that the alleged victim was a consenting party. She had left her parental home on her own sweet will and gone with the applicant and solemnized marriage with him, which is evident from her statement recorded under section 164 Cr.P.C. (Annexure-7). He lastly submits that the applicant, who is in jail since 25.11.2022 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.

6. The prayer for bail has been vehemently opposed by learned A.G.A.

7. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the age and statement of the alleged victim recorded under section 164 Cr.P.C. and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

8. Let the applicant, Harish be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

(a) The applicant shall attend the court according to the conditions of the bond executed by him.

(b) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

9. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

10. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.