Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41171 of 2018 Applicant :- Chunna @ Usman Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of Chunna @ Usman in connection with Case Crime No.655 of 2017, under Sections 363, 366, 376 I.P.C. and 3/4 Prevention of Children From Sexual Offence act, (Pocso Act), P.S. Kotwali Nagar, District Banda.
Heard Sri Surendra Singh, learned counsel for the applicant and Sri Indrajeet Yadav, learned AGA along with Sri Abhinav Tripathi, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that the prosecutrix is a major aged about 18 years as would appear from a perusal of her medico legal examination where on the basis of an Ossification Test, her age has been estimated to be about 18 years. Learned counsel has invited the attention of the Court to the statement of the prosecutrix recorded under Section 164 Cr.P.C., where she has categorically said that she left home on her own accord and went to Bhopal where she was joined by the applicant; she married the applicant of her free will on 27.08.2017 and is living at Naraini; she has also said that no body has enticed away; she has gone away with the applicant of her free will and married him. Learned counsel further submitted that looking to the said statement, which is absolutely exculpatory, he is entitled to bail.
Learned AGA has opposed the prayer for bail but does not dispute the fact that the prosecutrix going by her medico legal determination of age appears to be a major; 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 examination about the age of the prosecutrix and her statement 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 Chunna @ Usman in connection with Case Crime No.655 of 2017, under Sections 363, 366, 376 I.P.C. and 3/4 Prevention of Children From Sexual Offence act, (Pocso Act), P.S. Kotwali Nagar, District Banda 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 :- 29.10.2018 R./