Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48924 of 2018 Applicant :- Ajay Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjive Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Ajay Kumar, in Case Crime No.075 of 2017, under Sections 363, 366, 376 IPC, and Section 3/4 POCSO Act, Police Station Ujhani, District Budaun.
Heard Sri Sanjive Kumar Gupta, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned AGA appearing on behalf of the State.
The submission of the learned counsel for the applicant is that going by the medico legal estimation of the prosecutrix's age, certified by the Chief Medical Officer, Budaun, vide his certificate dated 23.05.2017 based on an ossification test, the prosecutrix has been opined to be aged about 17 years. It is submitted that giving the usual allowance of two years, or even one, the prosecutrix would reckon to be a major. It is further submitted that in view of the aforesaid, the prosecutrix is a major and the provisions of the POCSO Act would not be attracted. Learned counsel for the applicant has invited the attention of the Court to the statement of the prosecutrix under Section 164 Cr.P.C., where she has spoken exculpatory in unqualified terms to say that she has married the applicant, who is her husband, and wants to stay with him. She has specifically said that she has gone along with him and married him without any coercion. It is submitted by learned counsel for the applicant that looking to the said statement of the prosecutrix, no case is made out.
Learned AGA has opposed the prayer for bail.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegations, the severity of punishment, and, in particular, the fact that the prosecutrix is prima facie a major and the statement under Section 164 Cr.P.C., is absolutely exculpatory in unqualified terms, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Ajay Kumar, in Case Crime No.075 of 2017, under Sections 363, 366, 376 IPC, and Section 3/4 POCSO Act, Police Station Ujhani, District Budaun be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 19.12.2018 NSC