Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40802 of 2018 Applicant :- Iqbal Ahmad Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of Iqbal Ahmad in connection with Case Crime No.340 of 2018, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, P.S. Neuria, District Pilibhit.
Heard Sri Sanjay Singh, learned counsel for the applicant and Sri Sudhir Kumar Pathak, learned AGA along with Sri Avanish Shukla, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that the prosecutrix who has been claimed to be 17 years of age in the first information report, on a medical examination for the determination of her age has been opined to be aged between 18-19 years. In this regard, learned counsel for the applicant has invited the attention of the Court to the medico legal certificate about the prosecutrix's age dated 04.08.2018 that is on record. Learned counsel for the applicant has further taken the Court through the statement of the prosecutrix under Section 164 Cr.P.C., recorded on 07.08.2018 an extract of which is annexed as annexure-6 to the affidavit in support of the bail application. A perusal of the said statement shows that prima facie that she went along with the applicant of her free will travelling first to Majhola, then to Delhi, and in the last lap to Gujarat. She said that on a phone call from home, she had to come back; that she had accompanied the applicant of her free will. It is said in the statement that the applicant is married and has a daughter and had taken the prosecutrix along to marry her. She has further stated that the parties had established physical relations. Learned counsel has argued that the statement recorded under Section 164 Cr.P.C., is absolutely exculpatory and shows free consent of the prosecutrix, who is an adult.
Learned AGA has opposed the prayer for bail but does not dispute the fact that the statement of the prosecutrix recorded under Section 164 Cr.P.C., is exculpatory and further that the prosecutrix prima facie according to the medico legal determination of her age, is a major.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the relationship reflected between the parties that is recorded under Section 164 Cr.P.C., the medico legal opinion as to the age of the prosecutrix 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 Iqbal Ahmad in connection with Case Crime No.340 of 2018, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, P.S. Neuria, District Pilibhit 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 :- 26.10.2018 R./