Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41693 of 2018 Applicant :- Bholu Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of Bholu Singh in connection with Case Crime No.26 of 2018, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, P.S. Rewatipur, District Ghazipur.
Heard Sri Pankaj Kumar Rai, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned AGA along with Sri Rohit Pandey, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that the prosecutrix is a major as would be evident from a perusal of her medico legal report dated 09.07.2018 wherein the doctor on the basis of an Ossification Test has opined to be aged about 18 years. The Court has been taken through the said report. Learned counsel has further submit that in the statement of the prosecutrix recorded under Section 164 Cr.P.C., she has categorically said that she was fed-up with torture by her family on account of which she left home and reached the railway station Dildar Nagar; She spoke to Bholu over phone; she asked him to come over to Delhi as he was in Gujarat at that time; she has said that the applicant is known to her for the past one year. It is said that she reached Delhi at 9.30 on 19.05.2018 whereas Bholu Singh, the applicant arrived in Delhi at 11.30; both of them spent night at the railway station and left for Gujarat the following day. It is said that at Gujarat both of them have married in a Temple and are living together as husband and wife. It is said that both of them landed in the hands of the police. Learned counsel for the applicant submits that looking to the aforesaid statement of the prosecutrix and the fact that she is a major, no case against the applicant is made out.
Learned AGA has opposed the prayer for bail but does not dispute the fact that prima facie the prosecutrix is a major and that the statement of the prosecutrix recorded under Section 164 Cr.P.C., is exculpatory.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, in particular, the medico legal report that shows her age to be above 18 years and the statement of the prosecutrix recorded under Section 164 Cr.P.C., that is exculpatory, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Bholu Singh in connection with Case Crime No.26 of 2018, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, P.S. Rewatipur, District Ghazipur be released on bail on executing a 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 :- 30.10.2018 R./