NIRBHAYA Vs. STATE OF U.P.

JUDGEMENT

(1.) The present bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No. 119 of 2018, under Sections 363, 366, 354, 506 IPC and 7/8 POCSO Act, Police Station Vishunpura, District Kushinagar.

(2.) Learned A.G.A. has opposed the bail application.

(3.) It is pleaded that Informant made allegations against Mantu son of Shambhu Rai that he has eloped Informant's daughter, Noor Jannat, aged about 15 years and thereafter implicated applicant also stating that he is also involved in the matter though it is a false allegation. Even in the statement given by girl under Section 161 Cr.P.C. she has said that Mantu Rai and applicant enticed her and roamed around from one place to another and left at Ghaziabad and there is no allegation of anything wrong done by applicant. Age of girl has wrongly been mentioned as 15 years inasmuch as per medical examination her age has been found about 17 years and no evidence of any sexual harassment has been found and there is no allegation also by victim about such harassment. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not to seek any unnecessary adjournment during trial. The applicant is in jail since 08.08.2018 and there is nothing to show that trial has proceeded substantially or the delay in trial is attributable to applicant. In case applicant is enlarged on bail, he will not misuse liberty of bail.