BRAJESH BIND Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned counsel for informant as well as learned A.G.A. and perused the record.

(2.) By means of this application, the accused-applicant, Brajesh Bind @ Brajesh Kumar Bind, who is said to be involved in Case Crime No. 781 of 2017, under Sections 363, 366 and 376 of I.P.C., read with Section 5/6 of Protection of Children From Sexual Offences Act, 2012 (Hereinafter in short referred to as the 'POCSO Act'), Police Station- Mungra Badshahpur, District- Jaunpur, is seeking enlargement on bail.

(3.) Learned counsel for accused-applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in Jail since 13.5.2020; accused-applicant is of no criminal antecedent; there is no likelihood of fleeing from course of justice or tampering with evidence in case of release on bail; prosecutorix was major; she, in her statement, recorded, under Section 164 of the Cr.P.C., has categorically said to have gone with the applicant and married with the applicant; she is having kids; Writ Petition No.6996 of 2019, Brijesh Bind and another vs. State of U.P. and 3 others, was filed before this Court, wherein, vide order, dated 14.3.2019, a protection was granted; age of the prosecutorix has been held to be of 17 years, in the medical age determination test and there is no accusation against the applicant, rather, an admission of marriage with the applicant and voluntarily going with the applicant is there, and as such, in view of the law laid down by this Court in the case of Smt. Ramsati @ Shyamsati through her husband vs. State of U.P. through Principal Secretary Home Department, Lucknow and others in Writ Petition No.247 of 2015, dated 7.9.2015, no offence, under Section 363 or 366 is made out because even a minor is a competent guardian for looking after welfare of his minor wife and in the present case, prosecutorix is wedded wife of the applicant, hence, applicant is entitled for bail.