Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38317 of 2018 Applicant :- Jitendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Narayan Yadav Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant and Sri J.B. Singh, learned AGA along with Sri Abhinav Tripathi, appearing on behalf of State.
This is a bail application on behalf of the applicant Jitendra in connection with Case Crime No. 244 of 2017, under Sections 363 and 376 IPC, P.S. Sultanpur Ghosh, District Fatehpur.
In compliance with the order of this Court dated 05.10.2018, the Chief Madical Officer, Fatehpur has submitted a report dated 10.10.2018 supported by the radiologists findings on the basis of which it has been opined that the prosecutrix is aged 20 years; the said report is taken on record and make a part of it.
The submission of learned counsel for the applicant is that the applicant is a major, a fact that is well proven from the medico legal estimation of her age certified by the C.M.O. through his report dated 10.10.2018. He has invited the attention of the Court to the statement of the prosecutrix under Section 164 Cr.P.C. wherein she has said that in the month of December, 2017 her parents turned her out of home whereupon she went away with Jitendra with whom she is in love to Punjab. She married him there and is now in the family way into the seven months. It has been categorically said that her father has falsely implicated her husband Jitendra and co-accused Sarvesh. The statement is wholesomely exculpatory.
Learned AGA has opposed the prayer for bail but does not dispute the fact that going by the medico legal estimation the prosecutrix is a major and the statement under Section 164 Cr.P.C. is exculpatory.
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 medico legal report of certification of age and the statement of the prosecutrix under Section 164 Cr.P.C. that is exculpatory, 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 Jitendra involved in Case Crime No. 244 of 2017, under Sections 363 and 376 IPC, P.S. Sultanpur Ghosh, District Fatehpur 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 :- 30.10.2018 Neeraj