SANTOSH SINGH Vs. STATE OF U.P

JUDGEMENT

(1.) Heard learned counsel for the applicant-accused, learned counsel for the first informant and learned AGA for the State and perused the record.

(2.) The present bail application has been filed by the applicant-accused in case crime No.257 of 2020, under Ss. 363, 366, 376 IPC and 5/6 POCSO Act, police station Kotwali, District Basti with the prayer to enlarge the applicant on bail.

(3.) It has been argued by learned counsel for the applicant-accused that the applicant-accused is innocent and he has not committed any offence. It was submitted that in her statement under Sec. 161 and 164 Cr.P.C., victim girl has stated that she has gone with applicant-accused with her own free will and that they have married with each other and out of that marriage, she is having pregnancy of 7-8 months. Learned counsel submitted that after the incident, the victim girl has already given birth to a child and that now both the parties are ready that applicant-accused and victim girl shall live as husband and wife. As per ossification test, the age of victim has been shown 18 years. It was submitted that considering the future of victim and child, the applicant-accused may be enlarged on bail. Lastly, it has been submitted that the applicant-accused is languishing in jail since 6/8/2021, having no criminal history, and that in case the applicant-accused is released on bail, he will not misuse the liberty of bail and will co-operate in trial.