Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40202 of 2018 Applicant :- Anil Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Supplementary affidavit filed today is taken on record.
Perused the report of Ms. Trisha Mishra, Judicial Magistrate-I, Court No.12, Basti submitted in compliance with the order dated 24.10.2018 passed by this Court. The report is accepted. Sub-Inspector of Police, Vijay Kumar Singh Yadav, who is present in Court, also in compliance with the order dated 24.10.2018, has explained his position regarding the circumstances in which he got the statement under Section 164 Cr.P.C., recorded before the Magistrate. Though, not very satisfactory, the explanation offered is reluctantly accepted. The personal presence of the Sub-Inspector of Police Vijay Kumar Singh Yadav, is exempted. He need not appear any further.
This is an application for bail on behalf of Anil Kumar, in Case Crime No.978 of 2017, under Sections 363, 366, 376, 504, 506, IPC, and Section 5/6, of POCSO Act, Police Station Lalganj, District Basti.
Heard Sri Akhilesh Kumar Mishra, learned counsel for the applicant, Sri F.A. Alvi, has put in appearance on behalf of the complainant and Sri J.B. Singh, learned AGA along with Sri Mayank Awasthi, appearing on behalf of the State.
The submission of the learned counsel for the prosecutrix is a major as would appear from a perusal of the medical certificate dated 07.12.2017 issued by the Chief Medical Officer, based on an ossification test that certifies her to be aged about 18 years. It is further argued that the parties have married according to the Hindu Rites, after the prosecution converting to Hinduism. Learned counsel for the applicant has invited the attention of the Court to the certificate of conversion dated 1.11.2017 and the certificate of marriage, also dated 1.11.2017. The parties had filed a writ petition before this Court, where they appeared before the Court in Criminal Misc. Writ Petition No.24382 of 2017 on 8.11.2017. The said circumstances support, in the submission of learned counsel for the applicant, the fact that the prosecutrix had wilfully married the applicant and moved about from place to place. She also opted for legal remedies. It is submitted that she has subsequently went back on her stand because of pressure from the relatives and natives who had coerced her to fall in line. It is as a result of the aforesaid circumstances that the inculpatory statement under Section 164 Cr.P.C., has been made before the Magistrate.
Learned counsel for the complainant and the learned AGA have opposed the prayer for bail strongly in one voice and submit that the prosecutrix was abducted and coerced into marrying the applicant.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegation, the severity of punishment, the relationship between the parties, in particular, the evidence about marriage and the steps taken by the applicant and the prosecutrix together before this Court in filing a writ petition where the prosecutrix appeared in person and supported her marriage to the applicant before the Division Bench, hearing challenge to the FIR, 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 Anil Kumar, in Case Crime No.978 of 2017, under Sections 363, 366, 376, 504, 506, IPC, and Section 5/6, of POCSO Act, Police Station Lalganj, District Basti 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 :- 29.10.2018 NSC