Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39658 of 2018 Applicant :- Gautam Mali Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Gautam Mali in Case Crime No.262 of 2018, under Sections 363, 366, 376 IPC, and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012 Police Station Gola, District Gorakhpur.
Heard Sri Manoj Kumar, learned counsel for the applicant and Sri M.P.S. Gaur, learned AGA along with Sri Abhinav Tripathi appearing on behalf of the State.
The submission of the learned counsel for the applicant is that going by the medico legal estimation of age of the prosecutrix, she has been opined to be 17 years by the Chief Medical Officer, Gorakhpur by a certificate dated 27.8.2018 giving the usual allowance of two years or even one in favour of the accused, the prosecutrix would reckoned to be a major. He has further invited the attention of the Court to the statement of the prosecutrix under Section 164 Cr.P.C. that is exculpatory in unqualified terms.
Learned AGA has opposed the prayer for bail but does dispute the fact that the prosecutrix by the medical estimation of her age is prima facie a major and that her statement under Section 164 Cr.P.C. is exculpatory.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of the allegations, the severity of punishment, the medico legal report of the examination of the prosecutrix about her age, the statement of the prosecutrix under Section 164 Cr.P.C. 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 Gautam Mali in Case Crime No.262 of 2018, under Sections 363, 366, 376 IPC, and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012 Police Station Gola, District Gorakhpur 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 :- 12.10.2018 NSC