AI Structured Summary
Not yet generated for this judgment
Judgment
Subodh Abhyankar, J
This is the first application filed by the applicant under Section 439 Cr.P.C. for grant of bail during the trial.
The applicant is facing trial for offence punishable under Sections 363, 366, 368 of the IPC registered at Police Station-Kotwali Agar, District-Agar in
Crime No.695/2020. He is in jail since 06.11.2020.
The allegations against the applicant is that he abducted the girl aged around 16 years six months and 17 days and took her to his brother's house
where she stayed for around seven days on the pretext of marriage and subsequently when she was recovered a case has been registered against the
applicant.
Learned counsel for the applicant has submitted that the victim is a consenting party and she had gone with the applicant on her own wish which is
also apparent from her statement recorded under Section 164 of the Cr.P.C. It is further submitted that she had stayed with the brother of the
applicant for around of 7-8 days and has never been treated by either the applicant or any other person. It is also submitted that this is the first offence
of the applicant and he is in jail since 06.11.2020. He further submitted that the charge sheet has already been filed and final conclusion of the trial will
take sufficient long time on account of COVID-19 situation. Hence, it is submitted that the bail application be allowed.
Learned counsel for the State on the other hand has opposed the prayer and submitted that the victim was below the age of 18 years and she was
abducted by the applicant and as such no case for bail is made out.
Having considered the rival submissions, on perusal of the case diary and taking note of the fact that the statement of the prosecutirx recorded under
Section 164 of the Cr.P.C.and the fact that her age is also around 18 years and also the fact that final conclusion of the trial will take a sufficient long
time, I am of the considered view that the application for grant of bail deserves to be allowed and is accordingly allowed.
The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one
surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed.
It is also directed that the applicant will attend each hearing of his trial before the Trial Court out of which this bail arises. Any default in attendance in
Court would result in cancellation of the bail granted by this Court.
It is further directed that the applicant will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.
Certified copy as per rules.