Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48919 of 2018 Applicant :- Aman Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajrshi Gupta,V.P. Singh Kashyap Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Aman Gupta, in Case Crime No.231 of 2018, under Sections 363, 366, 376, 506, IPC, and Section 3/4 POCSO Act, Police Station Qadar Chowk, District Budaun.
Heard Sri Rajrshi 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 according to the medico legal estimation of the prosecutrix's age, certified by the Chief Medical Officer, Budaun, vide his certificate dated 24.8.2018, based on an ossification test, the prosecutrix has been opined to be aged about 16 years. It is submitted that giving the usual allowance of two years, or even one, to the benefit of the accused, the prosecutrix would reckon to be a major. It is submitted that the prosecutrix being a major, the provisions of the POCSO Act would not be attracted. It is submitted by Sri Rajrshi Gupta, learned counsel for the applicant that the question of age of the prosecutrix is irrelevant, the statement of the prosecutrix under Section 164 Cr.P.C., is exculpatory without reference to the issue of age. The prosecutrix has said in a short but precise statement under Section 164 Cr.P.C., on 25.8.2018 that her age is 19 years. She left home for Haridwar of her free will; that she did not go along with anyone; and that lateron, she returned home alone. It is submitted that the aforesaid statement of the prosecutrix by itself exculpates the applicant. Learned counsel has drawn the attention of the Court to the statement of the prosecutrix under Section 161 Cr.P.C., where she has elaborated the same stand as that taken in the statement under Section 164 Cr.P.C., and in reference to an pointed question relating to culpability of the applicant, she has said that the case lodged by her mother against the applicant is baseless.
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 going by the medico legal estimation of her age, based on a scientific assessment, apart from the fact that the statement under Section 164 Cr.P.C., besides the statement under Section 161 Cr.P.C., show no involvement at all of the applicant whatsoever, 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 Aman Gupta, in Case Crime No.231 of 2018, under Sections 363, 366, 376, 506, IPC, and Section 3/4 POCSO Act, Police Station Qadar Chowk, 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