Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44977 of 2018 Applicant :- Jitendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Atul Kumar I,Dhrmendra Pande Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Jitendra Singh, in Case Crime No.47 of 2018, under Sections 363, 366, 376 IPC, and Section 3/4 POCSO Act, Police Station Musajhag, District Budaun.
Heard Sri Atul Kumar-I, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA along with Sri Ashutosh Diljan, learned counsel appearing on behalf of the State.
The submission of the learned counsel for the applicant is that going by her Scholar's Register and Transfer Certificate Form, issued by the Principal, Rajiv Gandhi Memorial Junior High School, Krishnapuri, District Budaun, shows that the recorded date of birth of the prosecutrix in the records of the school is 9.1.1999 that makes her to be well above the age of majority on the date of occurrence. A perusal of the age certificate issued by the Chief Medical Officer, Budaun dated 5.3.2018, that is a part of the case diary and produced before the Court by the learned AGA shows that on the basis of an ossification test the Chief Medical Officer has opined the prosecutrix to be aged about 17 years. It is submitted that giving the usual allowance of two years variation or even one, the prosecutrix would reckon to be a major. Learned counsel for the applicant has taken the Court through the statement under Section 164 Cr.P.C., where the prosecutrix acknowledged in unqualified terms that her parents were earlier inclined to marry her to the applicant on account of which the two fell in love but later the father of the prosecutrix declined and wanted to marry off the prosecutrix elsewhere, which the prosecutrix did not accept. She, accordingly, left home and went with the applicant to Chandigarh where the two married. She has clearly spoken exculpatory in her statement under Section 164 Cr.P.C. Learned counsel for the applicant has pointed out that Habeas Corpus petitions were also filed in this Court, but there the statements of the prosecutrix were in different vein, but looking to the categorical stand of the prosecutrix in the statement under Section 164 Cr.P.C., the applicant cannot be detained pending trial.
Learned AGA has opposed the prayer for bail.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegation, the evidence appearing in the case, the severity of punishment, and, in particular, the fact that the prosecutrix is prima facie a major and the statement under Section 164 Cr.P.C., is exculpatory, 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 Jitendra Singh, in Case Crime No.47 of 2018, under Sections 363, 366, 376 IPC, and Section 3/4 POCSO Act, Police Station Musajhag, District Budaun 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 :- 27.11.2018 NSC