Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49550 of 2018 Applicant :- Bintu @ Pintu Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
In compliance with the order of this Court dated 02.01.2019, the Chief Judicial Magistrate, Bijnor has forwarded a report of the Chief Medical Officer / Medical Board regarding the age of the prosecutrix in a sealed cover. The sealed cover has been opened in Court, it is exhibited and made part of the record.
This is an application for bail on behalf of the applicant, Bintu @ Pintu in connection with Case Crime No. 372 of 2018, under Section 363,366,368,376 I.P.C. and Section 3/4 POCSO Act, Police Station Afjalgarh, District Bijnor.
Heard Sri Ram Kumar Dubey, learned counsel for the applicant and Sri Sudhir Kumar Pathak, learned A.G.A. along with Sri Ashutosh Srivastava, learned counsel appearing for the State.
The submission of the learned counsel for the applicant is that a medico legal estimation of the prosecutrix's age indicated in the medico legal report dated 15.01.2019 submitted by the Chief Medical Officer, Bijnor, the prosecutrix has been opined to be aged about 19 years (18 to 19). The aforesaid estimation of age is based on an ossification test, and also on the basis of other medical parameters. The report is authored by a Board of Doctors and drawn up by the Chief Medical Officer, as aforesaid. Learned counsel submits that looking to the aforesaid medico legal estimation of the prosecutrix's age, she is clearly a major and, therefore, the provisions of the POCSO Act would not be attracted. Learned counsel has invited the attention of the Court to the statement of the prosecutrix under Section 164 Cr.P.C. which clearly shows it to be exculpatory saying that she went alongwith the applicant of her free will to Dehradoon and married him. The submission is that no case, therefore, is made out against the applicant.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the prosecutrix is prima facie a major and the statement of the prosecutrix under Section 164 Cr.P.C. is exculpatory, 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 Bintu @ Pintu involved in Case Crime No. 372 of 2018, under Section 363,366,368,376 I.P.C. and Section 3/4 POCSO Act, Police Station Afjalgarh, District Bijnor 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence laid unaffected by anything said in this order.
Order Date :- 22.1.2019 BKM/-