Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41895 of 2018 Applicant :- Imran Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Maohammd Nadeem,Dur Vijay Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of Imran Khan in connection with Case Crime No.325 of 2018, under Sections 363, 366, 376 I.P.C. and Section 3/4 of Protection of Children From Sexual Offence Act, 2012, P.S. VIdhuna, District Auraiya.
Heard Sri Durvijay Singh, learned counsel for the applicant and Sri D.P.S.Chauhan, 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. He has invited the attention of the Court to the medico legal report which estimates her age on the basis of an ossification test to be 16 years. It is submitted that giving the usual allowance of two years, the prosecutrix would reckon to be 18 years, and, therefore, a major. It is submitted that the statement of the prosecutrix recorded under Section 164 Cr.P.C. shows that she had left home along with the applicant, Imran Khan on the basis of bidding of family members. It is said in the aforesaid statement recorded under Section 164 Cr.P.C. dated 02.08.2018 that the applicant has not done anything objectionable which implies that the applicant has not molested or ravished her. However, in the earlier statement made to the doctor during medico legal examination the prosecutrix on 28.07.2018 through a signed statement has said that on 15.07.2018 she went along with the applicant to Allahabad, and, married him in a Mosque. She has said that the applicant and the prosecutrix are living as man and wife. In this connection, learned counsel for the applicant has also placed reliance on an order passed by this Court in Writ C No.25101 of 2018, Smt. Mahrun Nishr and another Vs. State of U.P. and 4 Others passed on 27.07.2018 wherein this Court taking into consideration the solemnization of marriage between the applicant and the prosecutrix, directed the police authorities to ensure after verifying the factum of their marriage that they are accorded necessary protection. A certified copy of the said order has been produced before the Court and duly perused. It is also submitted that the statement recorded under Section 161 Cr.P.C. also does not support the prosecution story. It says that the parties have fallen in love and married.
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 consistent stand of the prosecutrix in her statement recorded under Section 161 Cr.P.C., her statement before the doctor during her medico legal examination, the exculpatory statement recorded under Section 164 Cr.P.C. though slightly differing in account, 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 Imran Khan in connection with Case Crime No.325 of 2018, under Sections 363, 366, 376 I.P.C. and Section 3/4 of Protection of Children From Sexual Offence Act, 2012, P.S. VIdhuna, District Auraiya 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 :- 31.10.2018 R./