Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48435

of 2021

Applicant :- Adesh Kumar

Opposite Party :- State of U.P.

Counsel for Applicant :- Noor Muhammad,Yogesh Kumar

Srivastava

Counsel for Opposite Party :- G.A.,Rajendra Singh Yadav

Hon'ble Vikas Budhwar,J.

Heard Mr. Yogesh Kumar Srivastava, learned counsel for the

applicant as well as Mr. Pradip Kumar Yadav, Advocate,

holding brief of Mr. Rajendra Singh Yadav, learned counsel for

the complainant/informant and learned A.G.A. who appears for

the State of U.P. and perused the record.

This bail application purported to be under Section 439 of the

Cr.P.C. has been filed on behalf of applicant Adesh Kumar for

enlarging him on bail in connection with Case Crime No.174 of

2021, under Sections 363 & 366 I.P.C. registered at Police

Station- Makhanpur, District- Firozabad.

The bail application so preferred by the applicant has been

rejected by the court below on 28.10.2021.

Learned counsel for the applicant has argued that a first

information report has been lodged by Sri Bhikam Singh S/o

Ram Gopal before Police Station- Makhanpur, District-

Firozabad being F.I.R. No. 0174 of 2021 on 22.06.2021 at

07:41 hours under the above noted sections relatable to the

commission of the offence with an allegation that the daughter

of the informant/complainant aged about 15 years, on the said

unfaithful day, was enticed away by the applicant and in this

regard the other two nominated co-accused also aided with

commission of the offence. Learned counsel has drawn the

attention of the Court towards page 20 of the bail application

which happens to be the statement under Section 161 Cr.P.C. of

the victim, wherein the victim has come with a stand that she

was not happy with her family and that is she accompanied the

applicant and proceeded to Mathura and thereafter she got

married with applicant and she had even taken jewellery and

other valuables with her. Learned counsel has further drawn the

attention of the Court towards page 22 of the bail application

which happens to be the statement under Section 164 Cr.P.C. of

the victim wherein the victim has come up with a stand that she

is 19 years of age and on the saying of two nominated accused

the victim went with the applicant and got married and

thereafter she returned back to her house and she wants to go

with the applicant. Learned counsel for the applicant has further

drawn the attention of the Court towards page 15 of the bail

application so as to contend that the victim denuded herself

from getting herself medically examined. Learned counsel for

the applicant has sought to argue that the entire allegations

sought to be levelled and which is made basis for logding of the

present proceedings is thoroughly unjustified as even otherwise

there is no allegation that any bad act has been committed by

the applicant herein. Learned counsel for the applicant has

drawn the attention of the Court towards paragraph 12 of the

bail application so as to contend that the applicant does not

possess any criminal history and the statement so made by the

victim under Section 164 Cr.P.C. will have preference

particularly in view of the peculiar circumstances that she has

proclaimed that she is 19 years of age and major. The applicant

is languishing in jail since 19.8.2021.

Countering the said submissions, learned AGA has opposed the

prayer for bail while arguing that offence has been committed

by the applicant, however, he could not dispute the fact that

though in the mark-sheet the date of birth of the victim has been

shown to be 1.1.2006, however, the victim in her statement

under Section 164 Cr.P.C. has deposed before the Magistrate

that she is major and further she had went along with the

applicant and the applicant has not enticed away and modesty

of the victim has not been outraged. Learned A.G.A. has further

argued that barring the present case, there is no other criminal

case pending agains