SURYODAY ALIAS SANNI Vs. STATE OF U P

JUDGEMENT

(1.) SUPPLEMENTARY affidavit filed today is taken on record. Heard the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.298 of 2009, under Sections 342, 366, 376 I.P.C., Police Station Kotwali Lakhimpur, District Kheri. It is submitted that concededly the prosecutrix is an adult who is studying in B.A. It is an inter community marriage. But it is said that the applicant has performed marriage in Arya Samaj Mandir. It is also pointed out that she remained in the company of the applicant from 08.11.2008 to 16.01.2009 i.e. for about more than two months and had several opportunities to escape if she was not consenting party. It is also submitted that she came on her own and she has not recovered by the police which again shows that she was a consenting party. He is said to be in jail for the last more than three months. The bail is however, opposed by learned A.G.A. The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. In view of the aforesaid facts and circumstances and without entering into the merits of the case and particularly having regard to the discussion made hereinabove, I find it to be a fit case for granting bail. Let the applicant (Suryoday @ Sanni) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.