Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45628 of 2018 Applicant :- Dilshad Opposite Party :- State Of U.P.
Counsel for Applicant :- Imran Mabood Khan Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Sri Abdul Majid, Advocate holding brief of Sri Rizwan Ullah Siddiqui, Advocate who has filed appearance on behalf of the complainant, which is taken on record.
This is a bail application on behalf of the applicant Dilshad in connection with Case Crime No. 628 of 2018 under Section 363, 366, 376, 120B, 506 IPC and Section 3/16/7 Protection of Children from Sexual Offences Act, P.S. Kotwali Dehat, District Saharanpur.
Heard Sri Imran Mabood Khan, learned counsel for the applicant, Sri Abdul Mazid, holding brief of Sri Rizwan Ullah Siddiqui, learned counsel appearing for the complainant and Sri J.B. Singh, learned AGA along with Sri Awaneesh Shukla, learned counsel appearing on behalf of the State.
The submission of learned counsel for the applicant is that the prosecutrix, going by the medico legal estimation of her age evident from the certificate issued by the Chief Medical Officer, Saharanpur on 26.09.2018 based on ossification test, has been opined to be about 18 years, which clearly reckons her to be a major. Learned counsel for the applicant has invited the attention of the Court to the statement of the prosecutrix under Section 164 Cr.P.C. where the prosecutrix has categorically acknowledged the fact, that of her free will, she has eloped with co-accused Tausif and married him on 01.09.2018, and, the two lived as man and wife. So far as the applicant is concerned, he has been nominated in the FIR with a role of abetting the elopement of the prosecutrix with co-accused Tausif, and, there is no case of ravishment alleged by the prosecutrix.
Learned counsel appearing on behalf of the complainant and the learned AGA have vehemently opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, in particular, the fact that the prosecutrix is prima facie a major, and the statement under Section 164 Cr.P.C. is exculpatory, besides the fact that role of the applicant is of abetting the elopement, 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 Dilshad involved in Case Crime No. 628 of 2018 under Section 363, 366, 376, 120B, 506 IPC and Section 3/16/7 Protection of Children from Sexual Offences Act, P.S. Kotwali Dehat, District Saharanpur 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 :- 30.11.2018 Deepak