Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9717

of 2022

Applicant :- Vipin Kumar

Opposite Party :- State of U.P.

Counsel for Applicant :- Pradyumn Kumar

Counsel for Opposite Party :- G.A.

Hon'ble Ajit Singh,J.

Heard learned counsel for the applicant, learned counsel for the

informant, learned A.G.A. for the State and perused the material

on record.

By means of this application, the applicant who is involved in

Case Crime No. 143 of 2020, under sections 363, 366, 376

I.P.C. and section 3/4 Protection of Children from Sexual

Offences (POCSO) Act, P.S. Kotwali, District Mainpuri, is

seeking enlargement on bail during the trial.

The first information report was lodged by the complainant

about enticement of her minor daughter by the present accused

Vipin. It is submitted that the alleged victim is 16 years of age

and she was enticed away by the present accused on 16.02.2020

at about 10:00 p.m. when she has gone out of her house to

attend call of nature. Learned counsel for the applicant

submitted that the alleged victim is major and she was in

consensual relation with the present accused and she married

with the present accused out of her own sweet will. Learned

counsel further submitted that the present accused and the

alleged victim had solemnized marriage on 10.07.2020 in a

temple and regarding solemnization of their marriage they have

filed a notary affidavit as the form of deceleration about their

marriage which is annexed as Annexure No.10 to the affidavit.

Learned counsel for the applicant submitted that the alleged

victim has not supported the prosecution version and she has

stated that she has gone with the present accused out of her own

sweet will and she had married with the present accused.

Learned counsel further submitted that the alleged victim is

living with the present accused as wife and the present accused

is in jail since 20.01.2022 and she has refused her medical test

to be conducted when she was produced before the doctor. The

accused has no criminal antecedents to his credit is entitled to

be enlarged on bail during pendency of the trial.

The prayer for bail has been vehemently opposed by learned

A.G.A.

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 that the present

accused has solemnized marriage with the alleged victim 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.

Let the applicant- Vipin Kumar 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.

It is further directed that the identity, status and residence proof

of the sureties be verified by the authorities concerned before

they are accepted.

In case of breach of any of the above conditions, the trial court

will be at liberty to cancel the bail.

Order Date :- 5.4.2022

Krishna*

Digitally signed by KRISHNA

KUMAR

Date: 2022.04.08 10:40:54 IST

Reason:

Location: High Court of Judicature at

Allahabad