SONU SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Rakesh Kumar Tiwari, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.

(2.) The present bail application has been filed by the applicant-Sonu Sharma in Case Crime No.503 of 2017, under Sections 363, 366, 376, 506 I.P.C. and 3/4 of The Protection of Children From Sexual Offences Act,2012 Police Station Farenda, District-Maharajganj with the prayer to enlarge him on bail.

(3.) The submission of the learned counsel for the applicant is that her age disclosed by the victim at the time of recording of statement under Section 161 Cr.P.C. is 17 years. A bare perusal of the statement of the prosecutrix recorded under Section 164 Cr.P.C., shows that she is a consenting party and she has travelled with the applicant to Pharenda, Gorakhpur and Delhi for a week. Subsequently, under pressure of her parents, she has also levelled allegation of rape against the applicant on 2-3 occasions. There are material contradiction regarding her recovery in her statements recorded under Sections 161 and 164 Cr.P.C. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 19.10.2017, having no criminal history to his credit, deserves to be released on bail.