RAM RATAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. Learned counsel for the applicant submits that in school record the date of birth of the victim has been shown as 22.4.1998. As per school record at the time of alleged incident the victim was major aged about 19 and 1/2 years. The statement of victim recorded under section 161 Cr.P.C. shows that the victim has left her house on her own sweet will and went with co-accused Sonu and Atul to Lakhimpur and from Lakhimpur to Bhataura (Auraiyya). The victim in her statement recorded under section 161 Cr.P.C. has stated that her marriage was solemnized with applicant against her will. In her statement recorded under section 164 Cr.P.C. she has also stated that other co-accused have got solemnized her marriage with applicant against her will. The allegation of rape has been made by the victim against the applicant. The real fact is that the victim has solemnized her marriage with the applicant in Arya Samaj Mandir. The victim is major. She remained with the applicant for about 1 and 1/2 months at his house at village Bhataura but during this period she did not make any hue and cry to save herself. Thereafter, the victim in her statements recorded under section 161 and 164 Cr.P.C. has made allegation against the applicant. The applicant has not committed the alleged offence. The victim has solemnized her marriage with the applicant on her own sweet will. The applicant has no criminal history and is in jail since 24.10.2017. Per contra; learned A.G.A. has opposed the prayer for bail. Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

(2.) Let the applicant Ram Ratan involved in Case Crime No. 929 of 2017, under section 363, 366, 376 IPC, P.S. Loni, District Ghaziabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

(3.) In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.