Rahees vs State Of Uttar Pradesh

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

Accused-applicant, involved in Case Crime No.447 of 2020, under Sections 363, 376 I.P.C. & 3/4 Protection of Children from Sexual Offence Act, 2012, Police Station Nai Mandi, District Muzaffar Nagar, applied for bail.

Learned counsel for the applicant submits in following manner :-

(i) Applicant is innocent and has been falsely implicated in the present case; he has committed no offence; entire prosecution story is false and fake.

(ii) Victim girl is aged about 17 years, as per statement of 164 Cr.P.C. she went with accused on her own will, she married to applicant. Victim girl is fully capable of understanding what was happening with her. She is consenting party. She denied the allegation of rape in statement under Section 164 Cr.P.C.

(iii) Applicant is in jail since 22.11.2020 having no criminal history. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

Learned A.G.A. opposed the prayer for bail but conceded the factual submissions made by the learned counsel for the applicant and submitted that accused-applicant took the minor girl and married forcibly. Consent, if any, is not a relevant in the eye of law due to victim being minor.

Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, statement of victim recorded under Section 164 Cr.P.C., evidence collected by I.O. during investigation and without commenting upon the merit of the case, applicant deserve bail.

Accordingly, bail application is allowed.

Let applicant Rahees be released on bail in the aforesaid case crime on their furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-

The applicant shall not tamper with the evidence or threaten the witnesses.

The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

During trial, he shall not indulge in any criminal activities or case.

In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.