Court No.
- 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11293
of 2024
Applicant :- Ajay Kumar @ Golu @ Sanjay
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt.
Of Home U.P. Lko. And 3 Others
Counsel for Applicant :- Rahul Srivastava,Subham Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Singh Chauhan,J.
Heard.
Supplementary affidavit filed today is taken on record.
This Court has passed the order dated 24.10.2024, which reads
as under:-
"Heard Sri Rahul Srivastava, learned counsel for the applicant and Sri
Sani Pratap Singh, learned A.G.A. for the State.
Learned counsel for the applicant has submitted that the applicant is in
jail since 22.07.2024 in Case Crime No. 67 of 2024, under Section 363,
366, 376 IPC and Section 3/4 POCSO Act, Police Station- Kotwali Tanda,
District- Ambedkar Nagar.
Learned A.G.A. has informed that notice has been served upon opposite
party No. 2 on 07.10.2024, however, no one has appeared on behalf of
opposite party No. 2.
Learned counsel for the applicant has stated that the prosecutrix has got
married with the applicant, however, presently, she is living in Shri Ram
Audhyogik Anathalaya, Sector- I, Aliganj, Lucknow. He has further
submitted that the present applicant is willing to live with the prosecutrix
but the family members of the prosecutrix is not permitting her to live her
with the applicant.
List this case on 14.11.2024. On that date, the complainant and the
prosecutrix shall appear in person before the Court.
The Station House Officer, Police Station- Kotwali Tanda, District-
Ambedkar Nagar shall ensure the presence of the complainant.
The Superintendent/ In-charge of the Shri Ram Audhyogik Anathalaya,
Sector- I, Aliganj, Lucknow shall ensure the presence of the presence of
the prosecutrix on the next date fixed.
Learned A.G.A. shall intimate this order to the Station House Officer,
Police Station- Kotwali Tanda, District- Ambedkar Nagar telephonically/
through e-mode/ through WhatsApp etc within 48 hours for necessary
compliance of this order.
The Registry of this Court shall apprise this order to the Superintendent/
In-charge of the Shri Ram Audhyogik Anathalaya, Sector- I, Aliganj,
Lucknow telephonically/ through e-mode/ through WhatsApp etc within 48
hours for necessary compliance of this order. "
In compliance of the aforesaid order, the prosecutrix (X) as well
as the informant/complainant, namely, Sri Ulfat Ali, who is the
father of the prosecutrix along with Constable, Sri Mahendra
Yadav from Kotwali Tanda, Ambedkar Nagar and Mahila Head
Constable, Ms. Ravindra Pathak from Reserve Police Lines are
present in person.
The lady head constable has informed the Court that she has
brought the prosecutrix from Raj Balika Grih Sindhi Kheda
Para, Lucknow where the prosecutrix has been living presently.
Learned counsel for the applicant has demonstrated the
statement of prosecutrix which has been filed along with
supplementary affidavit, wherein, no allegation as to any kind
whatsoever has been levelled against the present applicant. The
prosecutrix (X) has submitted that she has already got married
with the present applicant in one Hindu temple as per Hindu
ritual, though, she is a Muslim girl. She has also submitted that
she has got married in a Court also, but no such proof has been
shown. She has stated that since she has married with one
Hindu person, therefore, his father and other family members
have not accepted that marriage, so she is living in Raj Balika
Grih Sindhi Kheda Para, Lucknow. She has further submitted
that she is willing to live with the applicant. She has stated that
she is a major girl aged about 18 years, therefore, she can take
any decision in respect of her life. She has not studied in any
educational institution, therefore, she is not having any
educational documents. Learned counsel for the applicant has
stated that as per her radiological age (Annexure No. SA-IV),
the Chief Medical Officer, Ambedkar Nagar has determined her
age as 16-17 years on 16.04.2024, however, the prosecutrix has
again insisted that she has already attained the age of 18 years.
The complainant/informant who is also present in the court has
stated that if his daughter is saying that she has already got
married with the present applicant and she is willing to live
with him, he has nothing to say as he has broken all his relation
with her.
The learned AGA has stated that this is a case where the
applicant is a Hindu by religion and prosecutrix is Muslim by
religion, therefore, their valid marriage can be done under
Special Marriages Act inasmuch as there is no provision of
conversion in the Hindu religion. However, if she has got
married in one temple and willing to live with the present
applicant, she may do so, if she has already attained the
marriageable age.
Having heard the learned counsel for the parties and having
persued the material available on record and also hearing the
parties who are present in person, it appears that so as to protect
the life of the prosecutrix for future, the applicant may marry
with the prosecutrix under Special Marriages Act, for that he
may be granted interim bail for the period of four months.
Let, the applicant- Ajay Kumar @ Golu @ Sanjay be released
on interim bail for a period of four months, to be more precise,
till 2nd April 2025, in the aforesaid case crime number on his
furnishing a personal bond and two sureties of Rs.20,000/-
each.
As soon as the present applicant is released from jail, he shall
file his appropriate application for getting custody of the
prosecutrix and such application may be decided with
expedition.
After getting custody of the prosecutrix, he shall take necessary
steps to get married with the prosecutrix under Special
Marriages Act and after getting married under such provision of
law, he shall get the marriage registered before the registering
authority.
On the next date, the applicant along with the prosecutrix shall
appear in person along with the proof of marriage and marriage
registration certificate.
In the meantime, he shall cooperate in the trial proceeding and
shall not miss use the liberty of interim bail. Further, the police
personnel who have brought the prosecutrix from Raj Balika
Grih Sindhi Kheda Para, Lucknow shall handover the custody
of the prosecutrix to Raj Balika Grih Sindhi Kheda Para,
Lucknow.
Learned counsel for the applicant has submitted that he shall
explain the order to the applicant properly so that the direction
of this Court could be complied with.
Besides the aforesaid conditions, the applicant shall follow the
following conditions during the period of interim bail:-
(i) The applicant shall file an undertaking to the effect that he
shall not seek any adjournment on the dates fixed for evidence
when the witnesses are present in court. In case of default of
this condition, it shall be open for the trial court to treat it as
abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on
each date fixed, either personally or through his counsel. In case
of his absence, without sufficient cause, the trial court may
proceed against him under Section 229-A of the Indian Penal
Code.
(iii) In case, the applicant misuses the liberty of bail during trial
and in order to secure his presence proclamation under Section
82 Cr.P.C. is issued and the applicants fail to appear before the
court on the date fixed in such proclamation, then, the trial
court shall initiate proceedings against him, in accordance with
law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the
trial court on the dates fixed for (i) opening of the case, (ii)
framing of charge and (iii) recording of statement under Section
313 Cr.P.C. If in the opinion of the trial court absence of the
applicant is deliberate or without sufficient cause, then it shall
be open for the trial court to treat such default as abuse of
liberty of bail and proceed against him in accordance with law.
(v) The applicant shall not leave India without previous
permission of the Court.
Considering the conduct of the applicant, the bail application
may be disposed of finally on the next date.
Order Date :- 14.11.2024
Anurag
Digitally signed by :-
ANURAG SINGH
High Court of Judicature at Allahabad,
Lucknow Bench
