NEERAJ Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. Perused the record.

(2.) Submission of counsel for the applicant is that according to radiological examination, the age of the victim is about 18 years and the High School certificate also substantiates the radiological estimate of the age. Counsel for the applicant has drawn the attention of the Court to the statement of the victim given before the Magistrate under Section 164 Cr.P.C. Submission is that it was admitted by the victim girl that she was in the familiar terms with the applicant and was talking on phone to him daily twice and when the applicant called her at some place, she without disclosing the fact to anybody, stealthily went to meet him. It was also admitted by the victim girl that she lived along with applicant for about a week in Delhi. It was also stated by the victim girl that her parents were against the relationship of the applicant with her and did not allow to marry as they belong to different castes. It was also stated by the victim girl that if both of them would have been of the same caste, there was no problem in marriage. During course of her statement, she also told that she had gone to the Marriage Court in Delhi but she did not have the identity card and, therefore, marriage could not be performed. It was also stated by the victim girl that she had come back to take her identity card for the purposes of marriage but the police intercepted and she was caught. Submission is that in this statement though at some places she had stated that the relationship were established against her will and at some places the story of rendering her unconscious and then being carried by the applicant has also been brought but looking to the over all statement the story of turning her unconsciousness and then carrying her for different places by itself is highly improbable and unpalatable. It was also submitted that it is apparent from her statement that this is a case of love affair and because of disagreement of the parents of the victim girl, the applicant has been falsely implicated in this case and she was forced to give adverse statement against the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been pointed out that the accused is not having any criminal history and he is in jail since 09.07.2015 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

(3.) Learned A.G.A. opposed the prayer for bail.