Rahul Chaturvedi,J. - (1.) Heard Sri Ajeet Kumar, learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
(2.) By means of this application, the applicant who is involved in case crime no. 532 of 2018, under Sections 363, 366 and 376 IPC and Section 3/4 of the POCSO Act, Police Station- Civil Line, District- Budaun is seeking enlargement on bail during the trial. The applicant is languishing in jail since 30.07.2020.
(3.) Contention raised by the learned counsel for the applicant are as follows:- (a) The deponent of the present affidavit supporting the bail application, is none other than the victim herself. (b) The age of the girl on the date of the incident is 17+ years. (c) She in her 164 Cr.P.C. statement clearly indicates that she was in the deep love affair with the applicant and performed the marriage in the temple. (d) Not only this, the applicant and victim approached this Court by means of Writ-C No 26690 of 2019 (Smt. Shivani Kashyap and another Vs. State of U.P. and three others) in which, this Court by order dated 13.08.2019, the interest of the parties were protected. (e) She candidly states that she is still interested in joining the company of her husband (the present applicant). ;